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Staff Report - Acceptance of Dedications Subdivision 9499 & Approval of Landscape Agreement

Hercules City Council
September 13, 2022

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Staff Report - Acceptance of Dedications Subdivision 9499 & Approval of Landscape Agreement
Meeting
September 13, 2022
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Hercules City Council
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STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of September 13, 2022
TO: Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Michael Roberts, Public Works Director/City Engineer SUBJECT: Acceptance of Bayfront Loop Offer of Dedication including the Public Improvements for Subdivision No.9499 “The Grand” and Approval of a Maintenance Agreement for the Frontage Landscaping RECOMMENDED ACTION:

Adopt resolutions:

Accepting the offer of dedication for Bayfront Loop including the public improvements for Subdivision 9499; and Approving a Maintenance Agreement allowing the Property Owner to maintain their frontage landscaping in Bayfront Loop.

FISCAL IMPACT OF RECOMMENDATION:

Once the offer of dedication for the public right of way is accepted, the improvements the Developer constructed become public and the City is responsible for the cost of maintaining them. Regarding the Landscape Maintenance Agreement, the Developer will continue to pay into their Lighting & Landscaping District 83-2 Zone 5C at the full assessment amount as the frontage landscaping is relatively sparse and other properties do not have landscaping along their frontage that is paid for by that Zone, only streetlights.

DISCUSSION:

Acceptance of Offer of Dedication for Bayfront Loop
The Final Map for Subdivision 9499 was filed with the County in December 2018. At that time, acceptance of the offer of dedication for the public street (Loop Road) was deferred pursuant to the subdivision improvement agreement, which was entered into concurrently, until the public improvements such as streets, curb and gutter, sidewalks, landscaping and irrigation, and underground utilities were satisfactorily completed by the developer in accordance with the improvement plans.

These public improvements have been completed to the satisfaction of the City Engineer and it is recommended the City Council accept the offers of dedication at this time. The Developer has submitted a maintenance bond as required by the subdivision improvement agreement should any construction defects develop over the next year that need to be corrected.

Landscape Maintenance Agreement for Improvements along Loop Road Frontage The Landscape Maintenance Agreement provides for the Property Owner to maintain the 5.5 ft wide landscaping planter strip in Loop Road along their project frontage. This would be similar to the maintenance arrangements in place on more recent commercial developments, such as Aventine and Safeway. The advantage of this arrangement is that it allows the commercial business to maintain their frontage landscaping at a more responsive level, as needed for their marketing plan. If the landscaping were to be maintained by the City instead, the level of service would be limited by the current assessment rate and any increases would have to be approved by all the properties in the Landscaping and Lighting District/Zone through a balloting process. Additionally, other properties in Lighting and Landscaping District 83-2 Zone 5C do not have landscaping improvements along their public street frontage that is paid for by that Zone, only streetlights.

ATTACHMENTS:

Resolutions
Landscape Maintenance Agreement
Final Map
Public Streets Exhibit
Public Improvements Photo Exhibit
Date Page 1

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