AgdaPkt 2017-05-08 Joint SA PFA - Laserfiche WebLink

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REPORT To the Honorable Mayor and City Council From the City Manager May 8, 2017 SUBJECT License agreement allowing privately-funded construction and maintenance of a public pedestrian walkway on a portion of Redwood Creek adjacent to the Blu Harbor subdivision at 1 Uccelli Court RECOMMENDATION By motion, approve and authorize the City Manager to execute a License Agreement with RWC Harbor Communities, LLC BACKGROUND On June 22, 2015 the Blu Harbor subdivision was approved by City Council. The project consisted of three lot subdivision for 402 residential condo units with six 9-unit buildings, four 10-unit buildings, and a large building wrapped around a parking structure for the remaining 308 units. This development is currently under construction. Site improvements include a pedestrian walkway outside of the property boundary and within the limits of Redwood Creek. Being the trustees of this land through the state, the City can allow the use of the area provided that it meets the criteria of the State grant. The walkway will be open to public use, and be maintained by the developer, and it will also provide continuous pedestrian access throughout the site as shown on the Tentative Parcel Map and Planned Development permit for Pete’s Harbor (previous name) approved by Planning Commission. The project approvals by City Council included a parcel map that shows the Public Access Easement for the other portions of the site, and a Landscape Maintenance Agreement was recorded to cover the maintenance obligations of the developer for maintenance of these areas. ANALYSIS The State of California granted portions of Redwood Creek to the City as part of a Legislative Grant in 1954. The City may lease such lands for a period of no more than 50 years, which requirement is met in the License Agreement. In addition, the license agreement identifies that the license area must remain open for public access at all times, subject to reasonable hours restrictions, and that maintenance will be the responsibility of the developer or homeowners association. Because the public is receiving a public benefit in the form of the public access trail, no license fee will be charged under the License Agreement. However, the License Agreement allows the City to negotiate a license fee in the future should it be deemed in the City’s best interest. 6.1.C. - Page 1