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 CITY COUNCIL AGENDA ITEM NO. 38

Meeting Date: December 13, 2005

Subject/Title: Adopt a Resolution amending the 2005/06 – 2009/10 Capital Improvement Program (CIP) to include the budget for the Tuscany Soundwall Extension.

Prepared by: Engineering: Eunejune Kim

Approved by: Engineering: Bailey Grewal

RECOMMENDATION
Adopt a Resolution amending the 2005/06 – 2009/10 Capital Improvement Program (CIP) to include the budget for the Tuscany Soundwall Extension.

PREVIOUS ACTION
On June 9, 1990, Vesting Tentative Subdivision Map No. 7474 (Tuscany Phases I and II) was approved by Planning Commission.

On September 5, 2000, Tentative Subdivision Map No. 8369 (Tuscany III) was approved by Planning Commission.

On June 25, 2002, improvements and right-of-way for Subdivision Map No. 8368 (Tuscany Phase II) was accepted by City Council.

On August 27, 2002, improvements and right-of-way for Subdivision Map No. 7474 (Tuscany Phase I) was accepted by City Council.

On May 25, 2004, improvements and right-of-way for Subdivision Map No. 8369 (Tuscany Phase III) was accepted by City Council.

BACKGROUND
The Tuscany development by Beck Properties, Inc., located south of San Jose Avenue and east of the Highway 4 Bypass (Bypass), consists of 126 single family residential units within approximately 80 acres. The final phase was completed and accepted in May 2004. Due to its proximity to the Bypass, noise mitigation has been an issue of concern. Numerous sound studies were performed to ensure that the final design of the soundwall would adequately mitigate noise from the ultimate buildout of the Bypass. Tentative Subdivision Map No. 8369 (Tuscany III) was approved by Planning Commission Resolution No. 00-59 on September 5, 2000 with Condition No. 7, which requires the reimbursement/fee credits of any soundwall cost over and above $135,000.

During the entitlement process, staff negotiated with the Developer to share the cost of these improvements due to an opening in the soundwall required for trail and maintenance road for PG&E over and above the Developer’s responsibility for mitigation. The Developer’s share of the improvements was determined, based on the sound study performed at the entitlement process time, to be $135,000. The Developer constructed the soundwall as recommended by the project sound study. The soundwall was constructed along the west boundary of the Tuscany development, spanning from Subdivision No. 8368 (Tuscany Phase II) and Subdivision No. 8369 (Tuscany Phase III).

The City did not reimburse the Developer for any of the above soundwall improvements. The Developer’s project was completed and accepted in May 2004, after satisfaction of the entitlement requirements.

In early 2004, Tuscany residents raised concerns to the City about the noise level being higher than normal. After numerous meetings with Beck Properties, Inc., the City had another sound study done to analyze that specific cul-de-sac area. The sound study which was finalized in July 2004, did confirm that the existing noise level is within the acceptable limits of the City’s Noise Element, but would exceed these limits at a receptor location in the backyard of 1950 Castellina Court with the ultimate buildout of the Bypass. The study recommended extending the soundwall across Castellina Court to mitigate noise. After the second study in July 2004, the Developer agreed to further contribute funds to mitigate noise in the amount of $15,000.

Now as specified in the Conditions of Approval, the balance of cost of additional improvements is to be funded by roadway and park facility fees. Construction of this wall extension will satisfy the requirement of any obligation the City may have, as specified in the Tentative Map Conditions of Approval. City staff recommends that the Council amend the 2005/06 -2009/10 CIP to include this project.

FISCAL IMPACT
The attached CIP budget sheet reflects funding for the design and construction of these improvements per Tentative Map Conditions of Approval. Funding for the City share of soundwall improvements will be through roadway and park facility fees. At the time of entitlement, the cost of the City’s participation had not been determined with the intention that it would be realized with a final, approved design. The Developer has constructed a soundwall along the subdivision boundary for approximately $135,000. City staff’s analysis concluded that at this time the funding of this project would be an appropriate mechanism for participation since the development has been completed and use of fee credits is no longer feasible.

Attachments:
Resolution
CIP Budget Sheet
CIP Project Map

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING THE 2005/06 – 2009/10 CAPITAL IMPROVEMENT PROGRAM (CIP) TO INCLUDE THE BUDGET FOR THE TUSCANY SOUNDWALL EXTENSION.

WHEREAS, a soundwall was designed and constructed along the west boundary of the Tuscany development in accordance with the applicable sound analysis at the time as a required mitigation measure of development; and

WHEREAS, improvements for the Tuscany development have been accepted by the City; and

WHEREAS, a follow up sound study prepared by Wilson, Ihrig & Associates, Inc. on July 14, 2004, on file in the office of the City Engineer, identified a deficiency in the existing soundwall configuration at Highway 4 Bypass buildout; and

WHEREAS, an extension of the soundwall would correct the existing deficiency to comply with the Noise Element of the City’s General Plan; and

WHEREAS, the City has negotiated with the Developer of Tuscany (Beck Properties Inc.), to participate in funding this soundwall as specified in Condition No. 7 of Planning Commission Resolution No. 00-59, (Tentative Map for Subdivision No. 8369, Phase III of Tuscany); and

WHEREAS, the funding of the Tuscany Soundwall Extension would be an appropriate mechanism for City’s funding participation as required by the Conditions of Approval.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood:

1. The 2005/06 – 2009/10 Capital Improvement Program (CIP) is hereby amended to include the budget for the Tuscany Soundwall Extension.
2. The construction of the soundwall extension is hereby deemed to satisfy the intent of Condition No. 7 of the Planning Commission Resolution No. 00-59, Tentative Map for Subdivision No. 8369, Phase III of Tuscany.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of December 2005 by the following vote:
 

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