September 26, 2023
City Attorney's Office
DATE: September 26, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Councilmember Zepeda
Dave Aleshire, City Attorney
Daniel Chavarria, Director of Public Works
Subject:
Acceptance of Brickyard Cove Road Dedication Pursuant
to Recorded Infrastructure Agreements
FINANCIAL IMPACT: The City will receive $261,220 from various homeowners’ associations to support the City’s Pavement
Management Program.
The action to accept negotiated agreements with
BCHOA1 and Boardwalk Marina Homeowners
Association with funding agreement would have long-
term financial impacts with maintenance costs
comparable to other public streets.
PREVIOUS COUNCIL
ACTION:
June 20, 2023, City Council authorized City Manager to
negotiate agreements
STATEMENT OF THE
ISSUE:
The BCHOA1, Boardwalk Marina and other Brickyard
Cove homeowners’ associations requested that the City
accept the dedication of the private portions of Brickyard Cove Road as a public road. These organizations have
offered $261,220 to the City’s Pavement Management
Program for the City to accept the aforementioned
dedication. No immediate maintenance work is required.
The City Attorney has negotiated recorded agreements,
while the homeowners’ associations retain landscape
responsibility through easements in a form to be
approved by City Attorney.
AGENDA
REPORT
September 26, 2023
RECOMMENDED ACTION:
AUTHORIZE the Mayor to execute agreements(s) with
BCHOA1 and Boardwalk Marina that provide for their
$261,220 contribution to the City’s pavement
management program; ADOPT a resolution of
acceptance of dedication; and AUTHORIZE the City
Manager to approve easements for HOAs to maintain
landscaping with all of such documents in a form
approved by the City Attorney – City Attorney’s Office
(Dave Aleshire 510-620-6509).
DISCUSSION:
Brickyard Cove (“BYC”) Road was originally constructed as a requirement of a Subdivision Agreement from November 15, 1968. This agreement stated that the City would accept BYC Road when it either connected Garrard Boulevard to Canal Boulevard or when the City developed public recreational facilities in the vicinity of Shipyard 3, which required access from Garrard Boulevard.
The connection to Canal Boulevard was completed in 1996. The City has not accepted BYC Road and it is still privately owned and maintained. The City never accepted BYC Road, in part due to staff turnover in the Public Works Department and in part due to the current condition of the road, which has aged and does not comply with current standards and will require future maintenance.
This matter was brought to the City Council on June 20, 2023, and the City Council directed that the City Manager or her designee negotiate agreements (the Agreements) with the HOAs permitting transfer and return to City Council for final approval. These Agreements are now before you.
The transfer and much of the funding for the maintenance of BYC Road is provided by BCHOA1 and Boardwalk Marina Homeowners’ Associations (collectively the “HOAs”).
These organizations have requested that the City accept the dedication of the roadway improvements (road, curb, gutter, sidewalk, landscaping, etc.) and the underlying land.
The Agreements, which will be recorded as negotiated by the City Attorney, include the following terms:
• The dedication of right of way is accepted by City and subject to dedication by adoption of the Resolution of Acceptance (Exhibit 1) which sets conditions before acceptance is effective including: (i) payment of the Contribution Payment (defined below), (ii) granting and acceptance of the landscaping easements, and (iii) complete execution and recordation of the Agreements.
• BCOHA1, Boardwalk Marina and other Brickyard Cove Homeowner’s Associations will contribute $261,220 toward the City of Richmond’s Pavement Management Program (the “Contribution Payment”).
September 26, 2023
• The proposed agreements would not require immediate repaving of Brickyard Cove Road. The City’s obligation to fund the repaving would be in accordance with Pavement Management Program’s guidelines and requirements which are currently being updated and can be amended from time to time.
• The Brickyard Cove community would continue to bear the costs of roadside and median landscaping as part of the proposed agreements and through easements granted for such purposes.
• HOAs represent that they have kept the roadway in a state of good repair and in a safe condition.
• HOAs agree that City shall not be liable for any claims from injury or damage directly or indirectly arising from the roadway before the effective date, being the adoption of the Resolution and the satisfaction of the conditions thereof including payment of the Contribution Payment, recordation of the Agreements and the creation of the landscape easements.
The Resolution of Acceptance (Attachment 1) and Agreements (Attachments 2 & 3) are attached. The Landscape Easements are still being drafted but the City Manager is given authority hereunder to execute them in a form approved by the City Attorney.
Accordingly, the City Council is recommended to follow the action on June 20, 2023, by acting pursuant hereto.
DOCUMENTS ATTACHED:
Attachment 1 - Resolution of Acceptance
Attachment 2 - Amendment to Improvement Agreement for Subdivision 3637 – Brickyard Cove Unit No. 3
Attachment 3 - Amendment to Agreement Respecting the Management, Maintenance and Control of the Common Properties and Improvements in the Brickyard Cove Subdivision No. 3520