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CITY COUNCIL AGENDA ITEM NO. 3

Meeting Date: August 12, 2008

Subject/Title: Adopt a Resolution accepting the public improvements for maintenance; accepting the Maintenance Bond; and releasing the Improvement Securities for off-site Minnesota Avenue, including Carmel Parkway landscaping, constructed by Pulte Homes as part of Subdivision No. 8311, located south of Sand Creek Road.

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 off-site Minnesota Avenue, including Carmel Parkway landscaping, constructed by Pulte Homes (“Developer”) as part of Subdivision No. 8311, located south of Sand Creek Road.

PREVIOUS ACTION
On June 6, 2006, by Resolution No. 06-27, Planning Commission approved Tentative Subdivision Map No. 8311, with conditions.

On April 24, 2007, by an Informational Report, City Council was notified of the City Manager’s approval of Final Subdivision Map No. 8311 and associated Subdivision Improvement Agreement.

BACKGROUND
The project, Subdivision No. 8311, Carmel Estates is located east of Minnesota Avenue and south of Sand Creek Road. Conditioned as a part of Tentative Subdivision Map No. 8311, the Developer constructed the east side widening of Minnesota Avenue from Carmel Parkway south across the project frontage, including a landscaped median in Minnesota Avenue from Sand Creek Road to Randy Way, as well as landscaping along the southerly side of Carmel Parkway.. 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 landscaping.

As shown on the improvement plans, the Developer has installed the following improvement quantities: traffic signal at Minnesota Avenue and Carmel Parkway, 7,000 square feet (“SF”) of asphalt widening, asphalt path and 18,500 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. With the improvements now installed, it is the appropriate time to accept the improvements and begin the warranty period. The Developer has provided Maintenance Bonds to cover the twelve-month warranty period for the public improvements.

FISCAL IMPACT
Upon acceptance of improvements, the City will incur annual costs associated with necessary maintenance of streets and landscaping. Routine roadway maintenance will be funded by the General Fund and Measure “C” transportation sales tax. Landscaping and Lighting Assessment District (“LLD”) No. 06-2, has been formed for this subdivision and will be responsible for the 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 OFF-SITE MINNESOTA AVENUE, INCLUDING CARMEL PARKWAY LANDSCAPING, CONSTRUCTED BY PULTE HOMES AS PART OF SUBDIVISION NO. 8311, LOCATED SOUTH OF SAND CREEK ROAD.

WHEREAS, on June 6, 2006, by Resolution No. 06-27, Planning Commission approved Tentative Subdivision Map No. 8311, with conditions; and

WHEREAS, on April 24, 2007, by an Informational Report, City Council was notified of the City Manager’s approval of Final Subdivision Map No. 8311 and associated Subdivision Improvement Agreement; and

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

WHEREAS, Pulte 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. 8311 off-site Minnesota Avenue, including Carmel Parkway landscaping, developed by Pulte Homes, that:

1. Minnesota Avenue and Carmel Parkway landscape 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 Minnesota 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 12th day of August 2008 by the following vote:
 
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