City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 9

Meeting Date: February 13, 2007

Subject/Title: Adopt a Resolution approving and authorizing the City Manager or designee to execute a Deferred Improvement Agreement between Robert and Linda D. Mederos and the City of Brentwood for MS No. 350-05, located at 601 Gracie Lane.

Prepared by: Public Works: J. Ward

Submitted by: Public Works: B. Grewal

RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager or designee to execute a Deferred Improvement Agreement between Robert and Linda D. Mederos and the City of Brentwood for MS No. 350-05, located at 601 Gracie Lane, identified as APN 016-100-010, and directing the City Clerk to file the agreement with the Recorder of Contra Costa County.

PREVIOUS ACTION
On May 3, 2005, by Planning Commission Resolution No. 05-32, Planning Commission approved Tentative Parcel Map MS No. 350-05 to subdivide a 3.64 acre parcel into three parcels located at the southwest corner of Adams Lane and Gracie Lane, with conditions.

BACKGROUND
The Subdivision Map Act sets limitations on improvements required during subdivision of property by a parcel map (a parcel map consists of four or fewer lots). Section 66411.1 of the Subdivision Map Act allows deferment of certain off-site public improvements as long as deferring the improvements will not pose any public health or safety threats, and the required construction is not necessary for the orderly development of the surrounding area. The City may enter into an agreement with the Owner/Developer to defer these certain improvements.

The project known as MS No. 350-05 is located at 601 Gracie Lane, identified as APN 016-100-010. The property consists of 3.64 acres and is being subdivided by Robert and Linda D. Mederos (“Owner/Developer”) into three parcels. Conditions of approval for this project required the Owner/Developer to: 1) design and construct or pay its fair share of improvements for the entire project frontage on Adams Lane; and 2) enter into a Deferred Improvement Agreement (“Agreement”) for the design and construction or fair share payment for the ultimate improvements to Gracie Lane along the project frontage.

To satisfy these conditions the Owner/Developer has: 1) submitted Improvement Plans for the frontage improvements to Adams Lane. The improvements include sidewalk, curb and gutter, landscaping and irrigation. To secure the improvements, a Payment & Performance Bond has been posted in the amount of $47,872.63. The Owner/Developer has also paid its fair share for the utilities, that were constructed by another developer, which included three sewer stub outs and three water stubs up to the Owner/Developer property line; and 2) executed the Agreement for the ultimate improvements to Gracie Lane. Per the Agreement, the Owner/Developer must either design and construct, or pay its fair share of the ultimate improvements to Gracie Lane along the project frontage, as and when required by the Conditions of Approval. These improvements are expected to be constructed as the adjacent properties to the north of Gracie Lane develop.

FISCAL IMPACT
There is no fiscal impact to the City. Per the Deferred Improvement Agreement, the cost of the improvements being deferred will be the Developer’s responsibility.

Attachments:
Resolution
Deferred Improvement Agreement
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 DEFERRED IMPROVEMENT AGREEMENT BETWEEN ROBERT AND LINDA D. MEDEROS AND THE CITY OF BRENTWOOD FOR MS NO. 350-05, LOCATED AT 601 GRACIE LANE, IDENTIFIED AS APN 016-100-010 AND DIRECTING THE CITY CLERK TO FILE THE AGREEMENT WITH THE RECORDER OF CONTRA COSTA COUNTY.

WHEREAS, on May 3, 2005, by Planning Commission Resolution No. 05-32, the Planning Commission approved Tentative Parcel Map MS No. 350-05 with conditions; and

WHEREAS, the Subdivision Map Act sets limitations on improvements required during subdivision of property by a parcel map; and

WHEREAS, Section 66411.1 of the Subdivision Map Act allows deferment of certain off-site public improvements as long as deferring the improvements will not pose any public health or safety threats, and the required construction is not necessary for the orderly development of the surrounding area; and

WHEREAS, as a Condition of Approval of the Tentative Parcel Map, the Owner/Developer must enter into a Deferred Improvement Agreement with the City for the construction or fair share payment for the ultimate improvements to Gracie Lane along the project frontage.

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 Deferred Improvement Agreement between Robert and Linda D. Mederos and the City of Brentwood for MS No. 350-05, located at 601 Gracie Lane, identified as APN 016-100-010, and direct the City Clerk to file the agreement with the Recorder of Contra Costa County.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th day of February 2007 by the following vote:
 

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov