REPORT TO COUNCIL
SUBJECT
Title
Action on Authorizing the City Manager to Accept the Public Park and Trail Easements at Santa Clara Square from 3255 Scott Boulevard, LLC et al. and to Record the Related Documents [Council Pillar: Enhance Community Sports & Recreational Assets]
Report
BACKGROUND
On January 12, 2016, Council adopted Ordinance No. 1948, which approved a Development Agreement (DA) with the Irvine Company for the Santa Clara Square Mixed-Use project, located at 2600-2610 Augustine Drive. The DA was recorded on February 12, 2016 in Santa Clara County and indicated the City’s intent to accept public parks and trails. The Project would construct and dedicate 4.14-acres of public parkland in the form of a neighborhood park, a mini park, and a trail easement that would be added to the City’s park inventory.
On April 9, 2019, Council authorized City Manager to execute the Park Improvement Agreement (Refer to File 19-143) that outlines the requirements of 3255 Scott Boulevard, LLC et al. (Developer) for the design and construction of the parkland improvements, and a Park Maintenance Agreement (Attachment 1) that outlines the requirements of Developer for the maintenance of the parks for 40 years.
DISCUSSION
As of February 2020, the Developer has moved toward significant completion of the construction of the anticipated public park and easements. Pursuant to the Park Improvement Agreement which set the terms and conditions for the construction and acceptance of the parks according to the Council approved schematic design and phasing plan, the Developer and City have prepared the procedures and documents for acceptance of the completed improvements (Attachment 2) and the grant documents transferring title to City for the 1.86 Meadow Park (Attachment 3) and dedicating Public Park Easements for Redwood Trail and Trail Connection (Attachment 4).
The Council actions contemplated in this report include authorizing the City Manager to execute the Meadow Park Grant Deed to transfer the park to the City, the “Redwood Trail” and “Trail Connection” easements grant which will grant a nonexclusive easement and right-of-way to the City, as well as to record the documents including the previously approved and executed Park Maintenance Agreement, dated April 9, 2019.
ENVIRONMENTAL REVIEW
The action being considered was analyzed in the Environmental Impact Report (EIR) for the Santa Clara Square Residential/Mixed-Use Project, which specifically contemplated the construction of parks, and was adopted and certified on December 15, 2015 (Resolution No. 15-8270) pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.).
FISCAL IMPACT
There is no fiscal impact to the General Fund for the current action except for minor administrative tasks. Developer will maintain the parks for 40 years as outlined in the Park Maintenance Agreement.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
1. Approve and authorize City Manager to execute Meadow Park Grant Deed and all documents necessary to transfer the park to the City subject to City Attorney approval as to form;
2. Approve and authorize City Manager to execute “Redwood Trail” and “Trail Connection” easements grant and all documents necessary to grant a nonexclusive easement and right-of-way to the City subject to City Attorney approval as to form; and
3. Authorize City Manager to record previously executed Park Maintenance Agreement, dated April 9, 2019.
Staff
Reviewed by: James Teixeira, Director, Parks & Recreation
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Park Maintenance Agreement
2. Draft Notice of Completion
3. Grant Deed for “Meadow Park”
4. Public Park Easement for “Redwood Trail” and “Trail Connection”