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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 16


Meeting Date: February 12, 2008

Subject/Title: Adopt a Resolution approving and authorizing the City Manager or designee to execute a Reimbursement Agreement with Brentwood Specialty Center, LLC, for Design Review No. 06-08, a commercial center, located at the northwest corner of Sand Creek Road and Shady Willow Lane, 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 Brentwood Specialty Center, LLC (“Developer”), for Design Review (“DR”) No. 06-08, a commercial center, located at the northwest corner of Sand Creek Road and Shady Willow Lane, 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 October 3, 2006, Planning Commission adopted Planning Commission Resolution No. 06-99, which approved DR No. 06-08, for the development of a commercial center known as “The Streets of Brentwood,” with conditions.

BACKGROUND
The Conditions of Approval for DR No. 06-08, “The Streets of Brentwood”, required the Developer to construct certain Master Plan Facility Improvements along Sand Creek Road. City staff has requested that the Developer continue the non-potable waterline in Sand Creek Road from the easterly boundary of the project for 1,200 lineal feet (“LF”) for connection to the non-potable waterline that will be installed in the future widening of Sand Creek Road just west of Fairview Avenue. Master Plan Facility Improvements are those identified in the Master Infrastructure Element of the General Plan. The Subdivision Map Act requires that the City enter a reimbursement agreement if requiring the developer to construct improvements with excess capacity or off-site improvements.

The Master Plan Wastewater Improvement that qualifies for reimbursement is the installation of a non-potable waterline off-site in Sand Creek Road.

The Developer has pulled permits and paid full fees for 260,466 square feet (“SF”) to date. Wastewater Facility Fees will be reduced on the square footage remaining in Phase I and a check will be issued for the partial refund of overpaid Wastewater Facility Fees within thirty (30) days of acceptance of the work by City Council, for the remainder.



The City Engineer has reviewed this agreement and the City Attorney has approved as to form.

FISCAL IMPACT
Wastewater Facility Fees will be reduced by $190,551.96.

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 BRENTWOOD SPECIALTY CENTER, LLC (“DEVELOPER”), FOR DESIGN REVIEW (“DR”) NO. 06-08, A COMMERCIAL CENTER, LOCATED AT THE NORTHWEST CORNER OF SAND CREEK ROAD AND SHADY WILLOW 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 October 3, 2006, Planning Commission adopted Planning Commission Resolution No. 06-99, which approved DR No. 06-08, for the development of a commercial center known as “The Streets of Brentwood,” with conditions; 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 off-site 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 or designee to execute a Reimbursement Agreement with Brentwood Specialty Center, LLC, for DR No. 06-08, a commercial center, located at the northwest corner of Sand Creek Road and Shady Willow Lane, for costs associated with Master Plan Facility Improvements, in the form attached to the staff report.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 12th day of February 2008 by the following vote:


 
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