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Agenda Item 21.

City Council Meeting

Meeting Date:	04/06/2021
FROM:	Bill Gallardo

Subject:

Public Improvements Acceptance for Tract 17389 for Central Park Village Development Located on South Side of Central Avenue at Site Drive.

RECOMMENDATION

1. Accept Public Improvements;
2. Release Improvement Bonds; and
3. Accept One-Year Warranty Bond

BACKGROUND/DISCUSSION

On September 17, 2013, City Council approved the Final Tract Map 17389 for Central Park Village master planned development, located on the south side of Central Avenue at Site Drive (previously Brea Community Hospital site). The final map subdivided a 15.1 acre site into five (5) number lots for medial office use, fixed-use and multi-family units and one (1) letter lot for park use. See Exhibit 'A' for project location.

Brea Central, LLC ("Developer") was required to construct public improvements, including landscaped medians, modify an existing traffic signal and reconstruct concrete curb, gutter and sidewalk in Central Avenue fronting the project. The Developer has entered into the Subdivision Improvement Agreement (SIA) with the City of Brea and posted the Improvement Bonds for the required public improvements.

Since the final map approval, Developer has completed the required improvements in phases to accommodate the on-site construction by Western National Properties for Calligraphy Apartment and by Trumark for West Village townhome development. On November 5, 2019, City Council approved the acceptance of the landscaped medians on Central Avenue as the first phase of the acceptance.

The remaining improvements include an existing traffic signal modification, concrete curb, gutter, sidewalk and parkway landscaping on Central Avenue located east of Site Drive fronting the project and the concrete curb and gutter on Central Avenue located west of Site Drive fronting the project. The enhanced sidewalk and parkway landscape located west of Site Drive are not public improvements and to be maintained by the West Village HOA in accordance with Encroachment License Agreement approved by the City Council on May 19, 2020.

Since the acceptance of the landscape medians, the Developer has completed the remaining require improvements mentioned above in accordance with the approved improvement plans and to the City Engineer's satisfaction. In addition, staff has reviewed the Conditions of Approval and have determined that the associated public improvement conditions have been met.

Staff is recommending that the City Council accepts the remaining public improvements and release the Performance Bond. The Labor Materials Bond will remain in effect for six months and be released by the City Clerk. A One-year Warranty Bond in the amount of Sixty Seven Thousand Five Hundred Dollars ($67,500.00) is provided in accordance with the SIA to guarantee the work and materials for one year following the date of acceptance. The One-year Warranty Bond will be released after the one year warranty period and if there is no warranty work remaining. Therefore, staff is recommending City Council to accept the One-year Warranty Bond.

FISCAL IMPACT/SUMMARY

The improvements were constructed at no cost to the City and the fees for the development are current and paid. The City will be responsible for the maintenance of the public improvements upon acceptance, which is covered within the Public Works annual operational budget. Since the newly constructed improvements are replacing the old improvements, the maintenance costs are expected to be minimal. Therefore, there will be no fiscal impact to the General Fund.

The required public improvements have been completed pursuant to the SIA and a warranty bond for the one year has been provided. Therefore, staff recommends the City Council accept the public improvements, release the Improvement Bonds, and accept the One-Year Warranty Bond.

RESPECTFULLY SUBMITTED:

William Gallardo, City Manager
Prepared by: Hsing Chao, Associate Engineer
Concurrence: Michael Ho, P.E. Deputy Public Works Director / City Engineer

Tony Olmos, P.E., Public Works Director

Attachments
Exhibit 'A' - Location Exhibit
One-Year Warranty Bond