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CITY COUNCIL AGENDA ITEM NO. 16

Meeting Date: April 24, 2007

Subject/Title: Adopt a Resolution approving and authorizing the City Manager or designee to execute a Reimbursement Agreement with Barrington Estates, LLC, Tentative Subdivision Map No. 8548, consisting of 494 units, located south of Sunset Road, immediately west of the current City limits, north of Jennifer Street, for costs associated with Master Plan Facility Improvements.

Prepared by: Linda Vargas, Engineering Services Specialist

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


RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager or designee to execute a Reimbursement Agreement with Barrington Estates, LLC, Tentative Subdivision Map No. 8548, consisting of 494 units, located south of Sunset Road, immediately west of the current City limits, north of Jennifer Street, 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 July 19, 2005, Planning Commission adopted Planning Commission Resolution No. 05-45 and 05-47 recommending that the City Council approve a zoning amendment for PD-46 (RZ 04-14) to include specific development standards, modify the density transition policy, approve Tentative Subdivision Map No. 8548, with conditions and approve the Development Agreement (DA 04-03).

On September 13, 2005, City Council adopted Resolution No. 2005-226, approving Tentative Subdivision Map (TSM) No. 8548, with conditions and approving the Development Agreement (DA 04-03).

On September 27, 2005, City Council waived second reading and adopted Ordinance No. 810 approving the zoning amendment to PD-46.

BACKGROUND
Barrington Estates, LLC, TSM No. 8548 is located south of Sunset Road, immediately west of the current City limits, north of the Jennifer Street and consists of 494 lots. The Conditions of Approval for Subdivision Map No. 8548 require 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 following Master Plan Improvements qualify for reimbursement: off-site and oversized road improvements along Sand Creek Road, Sunset Road and Garin Parkway; excess ROW purchase for Sand Creek Road and Garin Parkway; one-third cost of the traffic signal at Sand Creek Road and Garin Parkway; oversized 16” & 20” waterline in Garin Parkway; oversized 20” waterline going west in Sand Creek Road, connecting with the existing waterline in Sand Creek Road, west of Brentwood Boulevard; 12” non-potable waterline going west in Sand Creek Road to the west side of Brentwood Boulevard; asphalt trail on EBMUD along south side of Sunset Road; ½ the cost of landscape & irrigation along EBMUD trail; asphalt trail only along the eastern project boundary south to Sand Creek Road; land cost and development of parks totaling 6.91 acres.

Partial prepaid fees through CIFP 2006-1, cash payments and fee credits issued for the reimbursable items will reduce facility fees. A careful review by staff of the Conditions of Approval and plans has resulted in a savings to the City. If the final constructed quantities or items change, the agreement may be modified to reflect those changes. The City Engineer has reviewed this agreement and the City Attorney has approved as to form.

FISCAL IMPACT
The amounts partially prepaid through CIFP 2006-1 and cash payment from the developer will reduce the following Facility Fees: Water $4,595.95/DU, Roads $1,914.98/DU. The following facility fee credits will be spread over all building permits: Water credits totaling $807,227.96; Parks & Trails credits totaling $2,706,315.27; Wastewater credits totaling $232,668.54 and Roadway credits totaling $2,993,204.61.

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 OR DESIGNEE TO EXECUTE A REIMBURSEMENT AGREEMENT WITH BARRINGTON ESTATES, LLC, TENTATIVE SUBDIVISION MAP NO. 8548, CONSISTING OF 494 UNITS, LOCATED SOUTH OF SUNSET ROAD, IMMEDIATELY WEST OF THE CURRENT CITY LIMITS, NORTH OF JENNIFER STREET, 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 July 19, 2005, Planning Commission adopted Planning Commission Resolution No. 05-45 and 05-47 recommending that the City Council approve a zoning amendment for PD-46 (RZ 04-14) to include specific development standards, modify the density transition policy, approve Tentative Subdivision Map No. 8548, with conditions and approve the Development Agreement (DA 04-03); and

WHEREAS, on September 13, 2005, City Council adopted Resolution No. 2005-226, approving Tentative Subdivision Map No. 8548, with conditions and approving the Development Agreement (DA 04-03); and

WHEREAS, on September 27, 2005, City Council waived second reading and adopted Ordinance No. 810 approving the zoning amendment for PD-46; 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 off-site or excess capacity improvements, that are 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 or designee to execute a Reimbursement Agreement with Barrington Estates, LLC, for Master Plan Improvements constructed in conjunction with Subdivision Map No. 8548, covered under Tentative Subdivision Map No. 8548, as shown on the Reimbursement Agreement Site Map.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 24th day of April 2007 by the following vote:

 

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