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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 13

Meeting Date: May 23, 2006

Subject/Title: Adopt a Resolution approving and authorizing the City Manager to execute a Reimbursement Agreement with Meritage Homes of Northern California, Inc., Subdivision Map No.’s 8875 & 9011, included within original Tentative Subdivision Map No. 8875, for costs associated with Master Plan Facility Improvements.

Prepared by: Public Works: L. Vargas

Submitted by: Public Works: B. Grewal

RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager to execute a Reimbursement Agreement with Meritage Homes of Northern California, Inc., Subdivision Map No.’s 8875 & 9011, included within original Tentative Subdivision Map No. 8875, consisting of 84 units, located north of Grant Street on both sides of the O’Hara Avenue extension from Grant Street to Lone Tree Way for costs associated with Master Plan Facility Improvements.

PREVIOUS ACTION
On April 12, 1994, City Council approved Resolution No. 94-63, which established a standard Reimbursement Agreement for Master Plan Facility Improvements.

On April 5, 2005, Planning Commission adopted Planning Commission Resolution No. 05-19, recommending that the City Council approve a rezone (RZ 05-01) from R-1-10 to PD-60 with specific development standards and recommended approval of Tentative Subdivision Map No. 8875 effective upon the date of Rezone 05-01, subject to the conditions of approval.

April 26, 2005, the City Council adopted Resolution No. 2005-97, approving the rezone request (RZ 05-01) from a mix of R-1-10 to PD 60 and approving Tentative Subdivision Map No. 8875 subject to the conditions of approval.

BACKGROUND
Meritage Homes of Northern California, Inc., Subdivision Map No.’s 8875 & 9011 are located north of Grant Street on both sides of the O’Hara Avenue extension from Grant Street north to Lone Tree Way and consists of 84 lots. The Conditions of Approval for Tentative Subdivision Map No. 8875 required the Developer to construct off-site and Master Plan Facility Improvements. Master Plan Facility Improvements are those identified in the Master Infrastructure Element of the General Plan. When a developer constructs improvements in excess of the needs of their development, or off-site improvements, the Subdivision Map Act requires that the City enter into a reimbursement agreement with them.

The Master Plan Improvements that qualify for reimbursement are off-site and oversize road improvements along O’Hara Avenue; excess capacity 30” waterline in O’Hara Avenue; off-site 30” waterline and 12” NPW in O’Hara Avenue from the northerly project boundary to Lone Tree Way; park acreage and improvements totaling 1.4 acres. Facility fees will be reduced by the amount of partially prepaid fees through CIFP 2005-1.

A careful review by staff of the plans and conditions resulted in a savings to the City. The City Engineer has reviewed this agreement and the City Attorney has approved as to form.
FISCAL IMPACT
The following Facility Fees will be reduced by the amounts prepaid through CIFP 2005-1 Wastewater $3,500/DU; Water $1,100/DU. The following facility fee credits will be spread over all building permits; Water $543,454.10; Parks $407,990.55; Roadway $775,625.03; Wastewater $66,885.00.

The developer will also be applying remaining credits from previous reimbursement agreements with the City. In the event there are fee credits remaining, the City shall pay them by check in three installments. The first installment shall be paid after completion and acceptance of the improvements. The second installment shall be paid one year after completion and acceptance and the third installment shall be paid two years after the completion and acceptance by Council of the improvements.

Attachments:
Resolution
Reimbursement Agreement with Site Map

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A REIMBURSEMENT AGREEMENT WITH MERITAGE HOMES OF NORTHERN CALIFORNIA, INC., SUBDIVISION MAP NO.’S 8875 & 9011, INCLUDED WITHIN TENTATIVE SUBDIVISION MAP NO. 8875, CONSISTING OF 84 UNITS, LOCATED AT THE NORTH OF GRANT STREET ON BOTH SIDES OF O’HARA AVENUE FOR COSTS ASSOCIATED WITH MASTER PLAN FACILITY IMPROVEMENTS.

WHEREAS, on April 12, 1994, City Council approved Resolution No. 94-63, which established a standard Reimbursement Agreement for Master Plan Facility Improvements; and

WHEREAS, on April 5, 2005, Planning Commission adopted Planning Commission Resolution No. 05-19, recommending that the City Council approve a rezone (RZ 05-01) from R-1-10 to PD-60 with specific development standards and recommending approval of Tentative Subdivision Map No. 8875 effective upon the date of Rezone 05-01, subject to the conditions of approval requiring the Developer to construct Master Plan Facility Improvements; and

WHEREAS, on April 26, 2005, the City Council adopted Resolution No. 2005-97, approving a rezone request (RZ 05-01) from a mix of R-1-10 to PD 60 and approving Tentative Subdivision Map No. 8875 subject to the conditions of approval requiring the Developer to construct 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 Master Plan Facility Improvements eligible for reimbursement.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and authorize the City Manager to execute a Reimbursement Agreement with Meritage Homes of Northern California, Inc., Subdivision Map No.’s 8875 & 9011, consisting of 84 units, located north of Grant Street on both sides of O’Hara Avenue for costs associated with Master Plan Facility Improvements.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 23rd day of May 2006 by the following vote:
 

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