HomeMy WebLinkAboutItem 4.02 CalifHighlndDrainImpr
CITY CLERK
File # D~[O][O]~¡ra~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 1, 2005
SUBJECT:
Acceptance of Drainage Improvements for Tract 5926, California
Highlands (also known as Donlon Canyon)
Report Prepared by: Melissa Morton, Public Work\' Director
ATTACHMENTS:
I)
Resolution Accepting Drainage Improvements for Tract
5926, California Highlands
Vicinity Map
2)
]š
FINANCIAL STATEMENT:
~doPt the Rcsolution accepting the drainage improvements ror Tract
\ 5926, California Highlands (also known as Donlon Canyon)
RECOMMENDATION:
The developer has provided a Maintenance Bond in the amount of
$29,041.00 to guarantee against dcfects for one year. Once the
improvements have been accepted, maintenance of drainage
improvements ror Donlon Creek will be performed by the California
Highlands Homeowners Association.
DESCRIPTION: Tract 5926, California Highlands (also known as Donlon Canyon), is
located at the westerly terminus of Dublin Boulevard, and includes 246 multi-family units, approximately
170 acres or open space, and a remainder parecl that was subsequently subdivided into 17 single-family
lots with Traet 7067.
The Conditions of Approval for Tract 5926 also required KB Homes to implement Stream/Detention
Basin Stabilization Plans (drainage improvements) on property owned by KB Homes and the California
Highlands of Dublin Homeowners Association. On November 5, 1998, the developer entered into an
agreement with the City entitled, "Agreement to Provide Security and Right of Entry for Installation of
Drainage Improvements for the California Highlands (City of Dublin Subdivision #5926)" (Drainage
Agreement). This Drainage Agreement governed the stream and detention basin stabilization plan for
Donlon Creek and for the stoek pond on the East Bay Regional Park District (EBRPD) easement upstream
of the subdivision.
________~.__________________________________ø_________-___________~_____w_________________~____~_~___________
COPY TO: Garrett Small, KB Homes, Inc.
Page I 0[2
ITEMNO.~
G:\DEVELOP\CA Highland\Ag...llI.cpl_ 5926 drainagc.doc
Tract 5926 improvements were aecepted and Amendment No. 1 to the Drainage Agreement was approved
by the City Council via Resolution No. 166-03 on August 5, 2003. Amendment No. I allowed the
developer additional time to obtain jurisdictional permits to complete the drainage improvements.
The drainage improvements [or Donlon Creek have been constructed pursuant to thc Traet Developer
Agreemcnt and to the satisfaction of the City Engineer. It is therefore now appropriate for these
improvements to be accepted by the City as complete, with permanent maintenance to be provided by the
Califomia Highlands Homeowners Association.
At the time that the City and KB Homes executed the amended Agreement for subdivision drainage
improvements, the dcvcloper provided a Perfonnance Bond and a Labor and Materials Bond, each in the
amount of $116,164.00, to guarantee the work. Now that the work is complete, these bonds may be
released in aeeordance with the authority contained in §66499.7 of the Government Code, and replaced
with a Maintenanee Bond in an amount necessary to guarantee thc work for a one-year period following
aceeptance of the work, The developer has provided a Maintenance Bond in the amount of $29,041.00,
which is 25% of the original Performance Bond amount, and which is sumcient to guarantee the drainage
improvemcnts for a one-year period after aceeptance.
Staff recommends that the City Council adopt the Resolution aceepting the drainage improvements for
Tract 5926, California Highlands (also known as Donlon Canyon).
Page 2 of2
lObS
RESOLUTION NO. - 05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
ACCEPTANCE OF DRAINAGE IMPROVEMENTS FOR TRACT 5926
(CALIFORNIA HIGHLANDS)
WHEREAS, the subdivider of Traet 5926, filed 011 January 8, 1996, in Book 222 of Maps at
Pages 71 - 84, previously entered into a Tract Developer Agreement with the City of DubJin on Deecmber
12, 1995, to improvc said Tract in accordance with plans and specifications on file with the City Engineer,
said Tract identified as follows:
a) Subdivider:
KB Homes, Inc. (KB Homes), formerly Kaufman and
Broad orNorthcrn California
Westerly terminus of Dublin Boulevard
246 multi-family units, 17 single-family units and
approximately 170 acres of open space
No. 148-95, City Council orDublin
Dublin Boulevard
b) Tract Location:
e) Tract Size:
d) Resolution Approving Final Map:
e) City Streets Affected:
WHEREAS, the Tract improvements associated with Tract 5926 were aceepted on August 5,
2003, via City Council Resolution No. 166-03; and
WHEREAS, the Agreement to Provide Security and Right of Entry for Installation of Drainage
Improvements for the California Highlands (City of Dublin Subdivision # 5926) was previously amended
on August 5, 2003, via City Couneil Resolution No. 166-03; and
WHEREAS, the Tract drainage improvements associated with Tract 5926 are cornpletc in
accordance with said plans and spceifieations, and any approved modifications thereof, to the satisfaction
of said City Engineer of the City of Dublin; and
WHEREAS, the original Performance Bond and Labor and Materials Bond referenced in the
Tract Developer Agreement ean be released in aecordanee with the authority eontained in §66499.7 orthe
Government Code of the State of California and replaced with a Maintenance Bond to guarantee the
completed work for a one-year period following acceptance;
NOW, THEREFORE, BE IT RESOLVED that:
I. The drainage improvements assoeiated with said Tract are hereby approved and aeeepted
as complete subj ect to a one-year guarantee. Ongoing maintenance will be by the
California Highlands Homeowncrs Association.
2. The original Faithful Performance Bond issued by Fidelity and Deposit Company of
Maryland (Bond No. 08658047) in the amount of$116, 164.50 be released.
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3. The original Labor and Materials Bond issued by Fidelity and Deposit Company of
Maryland (Bond No. 08658047) in the amount of$116,164.50 be released.
4. The submitted Maintenanee Bond issued by Fidelity and Deposit Company of Maryland
(Bond No. 08658047) in the amount of $29,041.00 be acceptcd as security for the aforesaid
one-year maintenanee period, said period to eommencc on this date and terminate on the
1 st day of November, 2005.
PASSED, APPROVED AND ADOPTED this 1st day of November, 2005.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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