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CITY COUNCIL AGENDA ITEM NO. 2


Meeting Date: February 27, 2001

Subject/Title: Reimbursement Agreement with California Sun - Brentwood, L.L.C., A Delaware Limited Liability Company, Tentative Subdivision Map 7690

Submitted by: Engineering: J. Stevenson/L. Vargas
Finance: P. Ehler 

Approved by: Jon Elam, City Manager



RECOMMENDATION
Approve a Resolution approving a Reimbursement Agreement with California Sun - Brentwood, L.L.C., A Delaware Limited Liability Company for costs associated with Master Plan Facility improvements.

PREVIOUS ACTION
In 1993, the Planning Commission approved Planning Commission Resolution 93-2, which approved Tentative Subdivision Map 7690 with conditions.

On April 12, 1994, City Council approved Resolution 94-63, which established a standard Reimbursement Agreement for Master Plan Facility Improvements.

BACKGROUND
The Conditions of Approval for Tentative Subdivision Map 7690 required the developer to make certain Master Plan Facility Improvements. Master Plan Facility Improvements are those improvements that have been identified in the Master Infrastructure element of the General Plan. These facilities are considered backbone infrastructure and form the basis of the facility fee structure. Under most circumstances when these improvements are required to be constructed by a developer, they would provide capacity in excess of the needs of their development alone. The Subdivision Map Act requires that the City enter into a reimbursement agreement when requiring the developer to construct improvements with excess capacity. The improvements which qualify as excess capacity are oversize roadway improvements along their Balfour Road frontage, off-site improvements on Balfour Road, oversize and off-site improvements on John Muir Parkway, 9.68-acre active park, trail along the south side of Balfour Road, oversize water lines, a portion of oversize sewer lines, the developer’s share of CIFP 94-1 for pre-payment of fees for roadway, water and wastewater treatment facilities, and a portion of their buy-in for the Roddy Ranch non-potable waterline. The credits for the pre-payment of Roadway Facility Fees will not be available until the completion and appropriate approval of the revised Engineers Report for CIFP 94-1, the fee credits for the Roddy Ranch non-potable water line will not be available until the finalization and acceptance of the various agreements and the dedication and acceptance of the facilities by the City. A careful review of the Conditions of Approval and finalized plans by staff has resulted in a savings to the City of $1,189,728.10. The City Engineer and Acting Finance Director have reviewed this agreement.

Attachments:
Resolution
Reimbursement Agreement with Site Map

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING A REIMBURSEMENT AGREEMENT WITH CALIFORNIA SUN - BRENTWOOD L.L.C., A DELAWARE LIMITED LIABILITY COMPANY FOR SUBDIVISIONS 7690, 8310, 8253, 8277, 8278, 8279, 8480, 8481, 8482, 8483, 8484, 8485, 8486, 8487, 8488, 8489, 8490, 8491, 8492, 8493, 8494 AND 8495 FOR COSTS ASSOCIATED WITH MASTER PLAN FACILITY IMPROVEMENTS.


WHEREAS, in 1993 the Planning Commission of the City of Brentwood adopted Planning Commission Resolution No. 93-2 which required the Developers of Tentative Subdivision 7690 to make certain Master Plan Facility Improvements; and

WHEREAS, on April 12, 1994, City Council approved Resolution 94-63, which established a standard Reimbursement Agreement for Master Plan Facility Improvements; and

WHEREAS, certain Master Plan Facility improvements are reimbursable under the City of Brentwood Master Plan Facility Fee Program; and

WHEREAS, the developer will construct the improvements eligible for reimbursement.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve a Reimbursement Agreement with California Sun - Brentwood, L.L.C., A Delaware Limited Liability Company for Master Plan Improvements constructed in conjunction with Subdivisions 7690, 8310, 8253, 8277, 8278, 8279, 8480, 8481, 8482, 8483, 8484, 8485, 8486, 8487, 8488, 8489, 8490, 8491, 8492, 8493, 8494 and 8495 covered under Tentative Subdivision Map No. 7690, as shown on attached Exhibit ‘A’.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 27th day of February 2001 by the following vote:

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