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CITY COUNCIL AGENDA ITEM NO. 8


Meeting Date: April 10, 2007

Subject/Title: Adopt a Resolution accepting Improvements associated with the northern phase of the Lone Oak Road Sewer and Water Improvements, as part of the Lone Oak Road Utility Improvements, CIP Project No. 336-31660, constructed by Brentwood Sand Creek Partners, LLC, (Lennar Homes).

Prepared by: Brian Bornstein, Sr. Associate Engineer

Submitted by: Bailey Grewal, Director of Public Works/City Engineer



RECOMMENDATION
Adopt a Resolution accepting Improvements associated with the northern phase of the Lone Oak Road Sewer and Water Improvements, as part of the Lone Oak Road Utility Improvements, CIP Project No. 336-31660, constructed by Brentwood Sand Creek Partners, LLC, (Lennar Homes).

PREVIOUS ACTION
On March 2, 2004, by Planning Commission Resolution No. 04-10, Planning Commission, approved Vesting Tentative Subdivision Map (VSTM) No. 8788, with conditions.

On May 3, 2005, Planning Commission amended Resolution No. 04-10, to modify eleven of the conditions of approval for Vesting Tentative Subdivision Map No. 8788.

On February 28, 2006, by Resolution No. 2006-38, City Council approved and authorized the City Manager to execute a Reimbursement Agreement with Brentwood Sand Creek Partners, LLC, Subdivision No. 8788, for costs associated with southern phase of the Lone Oak Road, Lone Oak Court and Saddle Creek Court Sewer and Water Improvements and also directed staff to establish a benefit district for these and related improvements.

On May 23, 2006, by Resolution No. 2006-126, City Council adopted the City’s 2006/07 – 2010/11 Capital Improvement Program (CIP), which included the Lone Oak Road Utility Improvements.

On August 8, 2006, by Resolution No. 2006-179, City Council accepted Improvements associated with the southern phase of the Lone Oak Road, Lone Oak Court and Saddle Creek Court Sewer and Water Improvements, as part of the Lone Oak Road Utility Improvements, CIP Project No. 336-31660, constructed by Brentwood Sand Creek Partners, LLC, (Lennar Homes).

On September 12, 2006, by Resolution No. 2006-207, City Council approved and authorized the City Manager to execute a Reimbursement Agreement with Brentwood Sand Creek Partners, LLC, Subdivision No. 8788, for costs associated with the northern phase of the Lone Oak Road, and Gracie Lane Sewer and Water Improvements.



BACKGROUND
Brentwood Sand Creek Partners, LLC (Lennar Homes), Tentative Subdivision Map No. 8788, is located south of Grant Street and east of the Union Pacific Railroad. Condition of Approval No. 31 for TSM No. 8788 required the Developer to construct certain off-site sewer and water improvements on Lone Oak Road, Lone Oak Court, Saddle Creek Court and Gracie Lane. These improvements were required to provide sewer and water facilities for the existing residents and properties on the above mentioned roads and provide the option for them to connect to City services.

The project has been broken into “South” and “North” utility improvements. The “North” improvements are on Lone Oak Road and include the following improvement quantities: 1,700 linear feet (LF) of 8” sewer lines, 1,900 LF of 12” sewer lines and 3,050 LF of 8” waterline to be publicly maintained. Lennar Homes has constructed these improvements and the facilities have been inspected for conformance with the approved improvement plans for the required water and sewer utilities. Since the improvements are now installed as conditioned, it is the appropriate time to accept the improvements.

As these are off-site improvements not directly benefiting the developer’s project, the scope of work is considered reimbursable per the Subdivision Map Act. A previous action by the City Council approved a Reimbursement Agreement with Brentwood Sand Creek Partners, LLC and directed staff to form a benefit district for this Redevelopment Agency funded reimbursement. Now that the total cost for both Lone Oak Road “North” and “South” Improvements have been determined and after City Council accepts this phase, staff will begin the formation of a benefit district in an attempt to recover as much cost paid by Redevelopment Agency as possible. By establishing a benefit district, any new dwelling construction or any future subdivision of the parcels (except a subdivision created to match the number of existing permitted dwelling units on a property) benefiting from the installed water and sewer improvements will be required to pay their fair share of the costs and provide some recovery.

FISCAL IMPACT
Upon acceptance of improvements the City will incur annual costs in the amount of approximately $4,000, associated with necessary maintenance of utilities. The utility maintenance will be funded through their respective enterprise funds.

Attachments:
Resolution
Site Map

RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ACCEPTING IMPROVEMENTS ASSOCIATED WITH THE NORTHERN PHASE OF THE LONE OAK ROAD SEWER AND WATER IMPROVEMENTS, AS PART OF THE LONE OAK ROAD UTILITY IMPROVEMENTS, CIP PROJECT NO. 336-31660, CONSTRUCTED BY BRENTWOOD SAND CREEK PARTNERS, LLC, (LENNAR HOMES).


WHEREAS, on March 2, 2004, by Planning Commission Resolution No. 04-10, Planning Commission, approved Vesting Tentative Subdivision Map (VSTM) No. 8788, with conditions; and

WHEREAS, on May 3, 2005, Planning Commission amended Resolution No. 04-10, to modify eleven of the conditions of approval for Vesting Tentative Subdivision Map No. 8788; and

WHEREAS, on February 28, 2006, by Resolution No. 2006-38, City Council approved and authorized the City Manager to execute a Reimbursement Agreement with Brentwood Sand Creek Partners, LLC, Subdivision No. 8788, for costs associated with southern phase of the Lone Oak Road, Lone Oak Court and Saddle Creek Court Sewer and Water Improvements and also directed staff to establish a benefit district for these and related improvements; and

WHEREAS, on May 23, 2006, by Resolution No. 2006-126, City Council adopted the City’s 2006/07 – 2010/11 Capital Improvement Program (CIP), which included the Lone Oak Road Utility Improvements; and

WHEREAS, on August 8, 2006, by Resolution No. 2006-179, City Council accepted Improvements associated with the southern phase of the Lone Oak Road, Lone Oak Court and Saddle Creek Court Sewer and Water Improvements, as part of the Lone Oak Road Utility Improvements, CIP Project No. 336-31660, constructed by Brentwood Sand Creek Partners, LLC, (Lennar Homes); and

WHEREAS, on September 12, 2006, by Resolution No. 2006-207, City Council approved and authorized the City Manager to execute a Reimbursement Agreement with Brentwood Sand Creek Partners, LLC, Subdivision No. 8788, for costs associated with the northern phase of the Lone Oak Road, and Gracie Lane Sewer and Water Improvements; and

WHEREAS, the required public improvements have been completed and constructed in substantial conformance with the approved improvement plans.

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

1. The public improvements are hereby accepted for the northern phase of the Lone Oak Road Sewer and Water Improvements, as part of the Lone Oak Road Utility Improvements, CIP Project No. 336-31660, constructed by Brentwood Sand Creek Partners, LLC (Lennar Homes).

2. The City Council of the City of Brentwood does hereby direct the City Clerk to file this Resolution with the Recorder of Contra Costa County.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 10th day of April 2007 by the following vote:
 

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