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CITY COUNCIL AGENDA ITEM NO. 7


Meeting Date: November 18, 2008

Subject/Title: Adopt a Resolution approving and authorizing the City Manager or designee to execute a Reimbursement Agreement and necessary documents with Discovery Builders, Inc., Subdivision Map No. 8954, consisting of 240 units, located between Lone Tree Way and Grant Street, east of Tilton 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 and necessary documents with Discovery Builders, Inc. (“Developer”) Subdivision Map No. 8954, consisting of 240 lots, located between Lone Tree Way and Grant Street, east of Tilton 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 September 13, 2005, Planning Commission adopted Planning Commission Resolution No. 2005-227, approving Subdivision Map No. 8954, with conditions.

BACKGROUND
Discovery Builders Inc., Subdivision Map No. 8954 is located between Lone Tree Way and Grant Street, just east of Tilton Lane and consists of 240 lots. The Conditions of Approval for Subdivision Map No. 8954 required the Developer to construct certain off-site and excess capacity Master Plan Facility Improvements. Master Plan Facility Improvements are those identified in the Master Infrastructure Element of the General Plan. In most circumstances, when a developer constructs these improvements, they provide capacity in excess of the needs of their development. 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 Facility Improvements that qualify for reimbursement for this project are excess capacity Lone Tree Way frontage improvements; Lone Tree Way off-site improvements; a portion of Adams Lane extension north to Lone Tree Way; driveway improvements on Adams Lane; partial purchase of excess and off-site Lone Tree Way and Adams Lane right-of-way (“ROW”); oversize only of 16” waterline in-tract; extension of a 24” waterline from Grant Street north to the western boundary of the Brentwood Ready Mix parcel; purchase of park land and improvements.

The City Engineer has reviewed this agreement and the City Attorney has approved as to form.
FISCAL IMPACT
Roadway Facility Fee credits totaling $2,408,426.21, Water Facility Fee credits totaling $430,325.84, and Parks and Trails Facility Fee credits totaling $1,564,621.17, will be spread over all remaining building permits.

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 AND NECESSARY DOCUMENTS WITH DISCOVERY BUILDERS INC. (“DEVELOPER”) SUBDIVISION MAP NO. 8954, CONSISTING OF 240 UNITS, LOCATED BETWEEN LONE TREE WAY AND GRANT STREET, JUST EAST OF TILTON 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 September 13, 2005, Planning Commission adopted Planning Commission Resolution No. 2005-227, which approved Tentative Subdivision Map No.8954 and required the Developer to construct certain off-site or excess capacity 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 off-site or excess capacity 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 and necessary documents with Discovery Builders Inc., Subdivision Map No. 8954, consisting of 240 units, located between Lone Tree Way and Grant Street, east of Tilton 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 18th day of November 2008 by the following vote:
 
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