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CITY COUNCIL AGENDA ITEM NO. 9

Meeting Date: December 9, 2008

Subject/Title: Adopt a Resolution approving and authorizing the City Manager or designee to execute the Operation and Maintenance Agreement for the Detention Basin (APN#017-670-040) and any necessary related documents with Pulte Homes Corporation; and to convey the Grant of Easement for irrigation, maintenance and access purposes for the same Detention Basin (APN#017-670-040) through the City owned Park to Pulte Homes Corporation (“Developer”) as part of Subdivision No. 8311 (APN#017-080-006), located south of Sand Creek Road.

Prepared by: Dee Boskovic, Associate Engineer

Submitted by: Bailey Grewal, Director of Public Works/City Engineer
_____________________________________________________________________________________________

RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager or designee to execute the Operation and Maintenance Agreement for the Detention Basin (APN#017-670-040) and any necessary related documents with Pulte Homes Corporation; and to convey the Grant of Easement for irrigation, maintenance and access purposes for the same Detention Basin (APN#017-670-040) through the City owned Park to Pulte Homes Corporation (“Developer”) as part of Subdivision No. 8311 (APN#017-080-006, 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.

On August 12, 2008, by Resolution No. 2008-195, City Council accepted the public improvements for maintenance, accepted the maintenance bond; and released the improvement securities for off-site improvements of Minnesota Avenue, including Carmel Parkway landscaping, constructed by Pulte Homes as part of Subdivision No. 8311.

BACKGROUND
The project, Subdivision No. 8311, Carmel Estates is located east of Minnesota Avenue and south of Sand Creek Road. As a part of Tentative Subdivision Map No. 8311 Conditions of Approval, the Developer constructed Parcel A – as Park and Open Space area and Parcel B – as Water Quality Basin.

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. Also at the same time, the Parcel A – Park and Open Space was offered in fee and accepted by the City; Parcel B will be granted to the Home Owners Associations (“HOA”) for Water Quality purposes in accordance with CC&R’s governing this subdivision.

An irrigation line to serve landscaping in Water Quality Basin Parcel B, runs through the Park and Open Space Parcel A, which is now owned by the City of Brentwood. Therefore, an irrigation line easement for construction, maintenance and access from the City of Brentwood to Pulte Homes Corporation is necessary to maintain Water Quality Basin landscaping. Later on when Carmel Estates Homeowners Association is formed, Pulte Homes Corporation will assign this easement to the HOA.

Also, San Francisco Regional Water Quality Control Board, per the Stormwater NPDES Permit requires local agencies to enter into an Operation and Maintenance (“O&M”) Agreement for Storm Water Quality Basin so that necessary maintenance is performed by the HOA. The agreement allows the City to inspect for proper maintenance and take necessary enforcement if owner is not meeting maintenance standards outlined in the agreement. Therefore, staff is recommending the authorization for the City Manager to execute this agreement.

FISCAL IMPACT
The City will incur approximately $354.00 annually, for costs associated with necessary inspection charges, which will be funded by the Development General Fund.

Attachments:
Resolution
Site Map
Operation and Maintenance Agreement
HOA Water Line Grant of Easement

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE OPERATION AND MAINTENANCE AGREEMENT FOR THE DETENTION BASIN (APN#017-670-040); AND TO CONVEY THE GRANT OF EASEMENT FOR IRRIGATION, MAINTENANCE AND ACCESS PURPOSES FOR THE SAME DETENTION BASIN (APN#017-670-040) TO PULTE HOMES CORPORATION, CONSTRUCTED BY PULTE HOMES AS PART OF SUBDIVISION NO. 8311 (APN# 017-080-006), 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, on August 12, 2008, City Council accepted the public improvements for maintenance, accepted the maintenance bond and released the improvement securities for off-site improvements of Minnesota Avenue, including Carmel Parkway landscaping; and

WHEREAS, the Operation and Maintenance Agreement for the Detention Basin has been developed and is necessary to enforce the maintenance responsibilities of the Home Owners Association (“HOA”), as per Condition of Approval #21 and CC&R’s for this development, through Developer - Pulte Homes Corporation at this time, until the HOA is formed; and

WHEREAS, the Grant of Easement is to convey a portion of Parcel A – “Park and Open Space”, owned by the City in fee, to Pulte Homes Corporation for the irrigation, maintenance and access purposes of the future HOA, once established, for the Parcel B – “Detention Basin”. Parcel B is to be granted to the HOA for Water Quality purposes in accordance with CC&R’s governing this subdivision.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby:

1. Approve and authorize the City Manager or designee to execute the Operation and Maintenance Agreement with Pulte Homes Corporation.
2. Approve the conveyance of a Grant of Easement for irrigation, maintenance and access purposes to Pulte Homes Corporation.
3. Direct the City Clerk 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 held on the 9th day of December 2008 by the following vote:
 
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