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CITY COUNCIL AGENDA ITEM NO. 16


Meeting Date: June 26, 2007

Subject/Title: Adopt a Resolution approving and authorizing the City Manager or designee to execute a Reimbursement Agreement for Subdivision No. 8729, with PBP Limited Partnership, 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 PBP Limited Partnership (“Developer”) for Subdivision No. 8729, consisting of 455 homes and 108 apartments, located north of Dainty Avenue, west of the railroad tracks and east of Griffith Lane, for costs associated with Master Plan Facility Improvements.

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

On January 18, 2005, by Resolution No. 04-85, the Planning Commission recommended that the City Council approve a rezoning of a portion of the project site, amend PD-44 to establish specific regulations and standards for the development and approve Tentative Subdivision Map No. 8729 subject to those conditions attached and made a part of Resolution No. 04-85.

On January 18, 2005, by Resolution No. 04-86, the Planning Commission approved Design Review No. 03-12, effective upon the date the PD-44 standards were adopted by City Council.

On February 22, 2005, by Ordinance No. 797, the City Council approved Planned Development Zone No. 44 as recommended, establishing regulations and standards for the development and also adopted Resolution No. 2005-49, which approved deviation of the Density Transition Policy as recommended.
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BACKGROUND
The Conditions of Approval for Subdivision Map No. 8729, located north of Dainty Avenue, west of the railroad tracks and east of Griffith Lane, consisting of 455 homes and 108 apartments, conditioned the Developer to make certain off-site and Master Plan Facility Improvements. Master Plan Facility Improvements are those that have been 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.

Master Plan Improvements that qualify for reimbursement in this agreement are excess width and off-site road improvements on Central Boulevard, from Walnut Avenue to Dainty Avenue, including a two-lane bridge over Marsh Creek; off-site and excess road improvements on Griffith Lane, north of Central Boulevard and south of Dainty Avenue; land cost and development of parks and asphalt only for a trail along the railroad and Marsh Creek; at grade pedestrian crossing on Central Boulevard between Griffith Lane and Dainty Avenue; and a pedestrian bridge over Marsh Creek near the railroad.

Prepaid fees through CIFP 2005-1, 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 Developer partially prepaid some of the single family residence fees, through CIFP 2005-1 and by cash payment. These pre-payments from the Developer will reduce the following Facility Fees: Road $4,000.00/DU; Water $4,000.00/DU and Wastewater $3,000/DU. Road facility fee credits totaling $3,576,407.28, Parks and Trails facility fee credits totaling $2,817,953.10 and Wastewater facility fee credits totaling $32,879, will be spread over all single family residence building permits. The balance of fee credits will be spread over the apartments and any balance remaining will be reimbursed per the agreement over time.

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 PBP LIMITED PARTNERSHIP (“DEVELOPER”) FOR SUBDIVISION NO. 8729, CONSISTING OF 455 HOMES AND 108 APARTMENTS, LOCATED NORTH OF DAINTY AVENUE, WEST OF THE RAILROAD TRACKS AND EAST OF GRIFFITH LANE, 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 February 4, 2003, Planning Commission approved Planning Commission Resolution No. 02-87, which approved Tentative Subdivision Map No. 8729 and required the Developer to construct certain off-site or excess capacity Master Plan 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 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 PBP Limited Partnership (“Developer”) for Subdivision No. 8729, consisting of 455 homes and 108 apartments, located north of Dainty Avenue, west of the railroad tracks and east of Griffith Lane, 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 26th day of June 2007 by the following vote:
 

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