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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 15

Meeting Date: May 23, 2006

Subject/Title: Adopt a Resolution approving and authorizing the City Manager to execute a Memorandum of Understanding between the City of Brentwood, Western Pacific Housing and Robert Von Merta, related to Fairview Avenue Master Plan Facility Improvements.

Prepared by: Public Works: D. Galey

Submitted by: Public Works: B. Grewal

RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager to execute a Memorandum of Understanding between the City of Brentwood, Western Pacific Housing Subdivision No. 8854, located at the north east corner of Balfour Road and Fairview Avenue and Robert Von Merta, property owner, related to Fairview Avenue Master Plan Facility Improvements.

PREVIOUS ACTION
On February 1, 2005, Planning Commission adopted Planning Commission Resolution No. 05-09, approving Tentative Subdivision Map No. 8854 with conditions.

On August 23, 2005, City Council was notified through an informational report of the approval of Final Subdivision Map No. 8854, acceptance of improvement securities and approval of a Subdivision Improvement Agreement.

On October 25, 2005, by City Council Resolution No. 2005-257, the City Council approved and authorized the Mayor or Vice Mayor to execute a Reimbursement Agreement with Western Pacific Housing, Tentative Subdivision Map No. 8854.

BACKGROUND
Western Pacific Housing, Tentative Subdivision Map No. 8854, is located at the northeast corner of Balfour Road and Fairview Avenue and consists of 107 single family homes, 2 duets and 1 four-plex, for a total of 115 homes. The Conditions of Approval for Subdivision Map No. 8854 required the Developer to construct certain off-site and Master Plan Facility Improvements, including the widening of Fairview Avenue from their northerly project boundary to Central Boulevard. In most circumstances, when a developer constructs, and the City reimburses for off-site improvements, the City recovers the reimbursed cost by collecting from the benefiting off-site parcel upon their eventual development.

As a part of the Fairview Avenue off-site improvements, Western Pacific Housing was conditioned to acquire right-of-way and construct improvements across 3 parcels owned by Robert VonMerta. Per the Development Fee Program, the City would then collect from this property owner, or successor, the cost of these off-site improvements credited to Western Pacific once these parcels develop. Western Pacific Housing and Robert VonMerta have entered into an agreement, by which the property owner will dedicate the necessary right-of-way and Western Pacific will construct the improvements, at no cost to the City. Without reimbursement or costs incurred by the City, there will be no requirement for the City to collect from the property owner, upon development of the parcels, for these previously constructed improvements. This Memorandum of Understanding memorializes this agreement between the three parties: City of Brentwood, Western Pacific Housing, Inc. “Developer” and Robert Vonmerta “Property Owner”

FISCAL IMPACT
This Agreement will reduce the outstanding roadway reimbursement obligation to Western Pacific by $303,443.54.

Attachments:
Resolution
Site Map
Memorandum of Understanding

RESOLUTION NO.

ADOPT A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BRENTWOOD, WESTERN PACIFIC HOUSING, INC. SUBDIVISION NO. 8854, LOCATED AT THE NORTH EAST CORNER OF BALFOUR ROAD AND FAIRVIEW AVENUE AND ROBERT VON MERTA, PROPERTY OWNER, RELATED TO FAIRVIEW AVENUE MASTER PLAN FACILITY IMPROVEMENTS.

WHEREAS, on February 1, 2005, Planning Commission adopted Resolution No. 05-09, approving Tentative Subdivision Map No. 8854 with conditions requiring Western Pacific Housing, among other things, to acquire, dedicate to City and improve, a right-of-way for public roadway and maintenance purposes along Fairview Avenue; and

WHEREAS, the City’s Development Fee Program identifies a portion of these Fairview Avenue improvements as fee creditable, and City and Developer have entered into a Reimbursement Agreement for Master Planned Facilities, dated October 25, 2005, for City reimbursement to Developer for the cost of construction of Fairview Avenue roadway improvements including the frontage of parcels owned by Robert VonMerta; and

WHEREAS, In April 2006, Western Pacific Housing and Robert VonMerta entered into a Temporary Construction Easement and Dedication Agreement (“Agreement”) for the right-of-way acquisition, temporary entry and construction of Fairview Avenue improvements adjacent to Property Owner’s parcels without reimbursement from the City.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and authorize the City Manager to execute a Memorandum of Understanding between the City of Brentwood, Western Pacific Housing Subdivision No. 8854, located at the north east corner of Balfour Road and Fairview Avenue and Robert Von Merta, property owner, related to Fairview Avenue Master Plan Facility Improvements.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 23rd day of May 2006 by the following vote:
 

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