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  Agenda Item   20.    
City Council Meeting
Meeting Date: 12/04/2018  
FROM: Bill Gallardo

Subject:
Public Improvements for La Floresta Development Village Site
RECOMMENDATION
  1. Accept Public Improvements and Authorize City Clerk to Release Improvement Bonds for Tracts 17150, 17153, 17157, 17158, 17159 and 17549.
     
  2. Adopt Resolution to Accept Irrevocable Offers to Dedicate Public Utilities, Sanitary Sewer, Water, Storm Drain and Emergency Vehicle Ingress and Egress Easements to City of Brea for Tract 17150.
     
  3. Approve Assignment and Novation of Subdivision Improvement Agreement and Accept Warranty Bonds for Tracts 17153, 17158, 17159 and 17549.
     
  4. Approve Grant of Easements and Encroachment Agreement for Tract 17150.
BACKGROUND/DISCUSSION
At the September 23, 2008 Planning Commission meeting, the Commission adopted Resolution No. PC 08-20 to conditionally approve Tentative Tract Map 16934 to subdivide a 129-acre site into a master planned development that includes private residential communities with some commercial land use located at the northeast corner of Imperial Highway and Valencia Avenue, also known as La Floresta Village Site.  At the May 18, 2010 City Council meeting, Council approved the Development Agreement No. DA 08-01 with La Floresta, LLC (“Developer”) per Ordinance 1411 for La Floresta development.  See Exhibit 'A' attached hereon for the location of the site.
 
Public Improvements and Improvement Bonds (Recommended Action Item No. 1)
On the May 3, 2011, the Council accepted the Final Tract Map 17150 (“Final Map”) associated with Tentative Tract Map 16934 for La Floresta Village Site accompanied by an improvement security bond from the Developer for the public improvements.  Refer to Exhibit ‘B’ attached herewith for Tract Map 17150. 

Shortly after the acceptance of the Final Map from 2012 to 2014, subsequent Tract Maps 17153, 17157, 17158, 17159, and 17549 were approved by the City Council as part of this master planned development.  Many of the subsequent maps required improvement security bonds and subdivision improvement agreements (“SIA”).  While the Developer posted the improvement bonds, the improvements and homes were constructed by Lennar Homes of California, formerly Standard Pacific Corporation (“Builder”).  An Exhibit ‘C’ for the location of these tract maps is attached herewith for the Council reference.

The Developer and Builder have completed all off-site improvements, all improvements within the subsequent tract maps and majority of the on-site improvements in accordance with approved improvement plans and is ready for acceptance.  All applicable impact fees were paid at the time of building permit issuance.

Resolution to Accept Irrevocable Offer of Easement Dedication (Recommended Action Item 2)
Of the public improvements, the sewer, water and storm drain facilities that serve this private community are owned and maintained by the City of Brea.  In addition, an emergency access for ingress and egress was required for the community.  In order to have public utilities on private land, public utility easements are required.  Now that the improvements have been completed and the conditions of approval have been satisfied, these easements will need to be accepted as part of the improvement acceptance.  This action requires the attached resolution to be adopted for Tract Map 17150.  Please see attached Resolution 2018-xxx.
 
Assignment and Novation of SIA and Warranty Bonds (Recommended Action Item 3)
As part of the SIA, warranty bonds are required upon release of the Improvement Bonds.  With the transfer of ownership from La Floresta, LLC to Lennar Homes of California, City’s approval of Assignment and Novation of SIA ("ANA") is required.  The approval of ANA will acknowledge Lennar Homes of California as the assignee of SIA and responsible party of all warranty items.  The ANA has been reviewed and approved as to form by the City Attorney’s office.  Please refer to the attached ANA and Warranty Bonds.
 
Grant of Easement and Encroachment Agreement (Recommended Action Item 4)
A portion of the off-site public improvements constructed on Imperial Highway and Valencia Avenue are located in the lots owned by the La Floresta Maintenance Corporation (HOA).  These off-site public improvements include sidewalk, DG trail, street lights, irrigation lines and water meters.  In order for the City to maintain these public improvements, the City would need an easement from the HOA on the private lots.  At the same time, there are HOA landscape improvements constructed in the City right-of-ways on Rose Drive and Vesuvius Drive.  In order for the HOA to maintain the private improvements in public right-of-ways, HOA would need an encroachment approval from the City.  The Grant of Easements and Encroachment Agreement stipulates the terms of agreement and maintenance, repair and restoration responsibilities of each party.  The agreement has been reviewed and approved to form by the City Attorney's office and attached herewith for reference.
 
A summary table of recorded tract maps with the lists of public improvements and the recommended Council actions for each tract map is provided as Exhibit ‘D’ attached hereon.
FISCAL IMPACT/SUMMARY
There are maintenance costs associated with operating and maintaining these public improvements.  However, these costs were included in the Community Facilities District (CFD) assessment associated with this development, as well as the sewer and water funds, which reduce the General Fund impact.

All Conditions of Approval associated with the public improvements have been complied in accordance with Development Agreement No. DA 08-01, Resolution No. PC 18-20 and SIA’s.

Staff is recommending the acceptance of the public improvements and authorize City Clerk to release improvement bonds for Tracts 17150, 17153, 17157, 17158, 17159 and 17549, as well as, approval of the ANA and acceptance of the warranty bonds for Tracts 17153, 17158, 17159 and 17549.  Staff is also recommending the adoption of Resolution 2018-xxx for acceptance of easements and approval of Grant of Easements and Encroachment Agreement for Tract 17150.
RESPECTFULLY SUBMITTED:
William Gallardo, City Manager
Prepared by:  Hsing Chao, Associate Engineer
Concurrence:  Michael Ho, P.E., Deputy Director of Public Works/City Engineer
Attachments
Exhibit 'A' - Site Location
Exhibit 'B' - Tract Map 17150
Exhibit 'C' - Subsequent Tract Maps
Exhibit 'D' - Summary Table
Resolution No. 2018-060
Assignment and Novation of SIA
Warranty Bonds
Grant of Easement and Encroachment Agreement

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