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Current Council Agenda and Past Meeting Information

 CITY COUNCIL AGENDA ITEM NO. 18

Meeting Date: November 13, 2007

Subject/Title: Adopt a Resolution approving and authorizing the City Manager or designee to execute a Development Cooperation Agreement and License Agreement with the Liberty Union High School District for shared development responsibilities of the future school facility site located in the proposed Brentwood Business Park on Guthrie Lane.

Prepared by: Debra Galey, Management Analyst

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 Development Cooperation Agreement and License Agreement with the Liberty Union High School District for shared development responsibilities of the future school facility site located in the proposed Brentwood Business Park on Guthrie Lane.

PREVIOUS ACTION
On September 26, 2006, by Resolution No. 2006-234, City Council approved a Memorandum of Understanding between the City, Equus Group, the Liberty Union High School District and various property owners for shared development responsibilities of the “Brentwood Business Park”.

On June 12, 2007, by Resolution No. 2007-126, City Council adopted the City’s 2007/08 – 2011/12 Capital Improvement Program that included the Brentwood Business Park Improvements Project.

BACKGROUND
The Brentwood Business Park includes the development of approximately 43 acres in the southeast corner of the City, specifically, east of Guthrie Lane and west of Sellers Avenue. The future site will predominately incorporate office and light industrial development, but will also include the Liberty Union High School District’s (“LUHSD”) new La Paloma school site, to be relocated from Lone Tree Way. In order to assist LUHSD to relocate the school to a more desirable site, allow appropriate development in the Lone Tree Way area and initiate the development of the Business Park, the City, LUHSD and the property owners entered into a previously approved Memorandum of Understanding (“MOU”) outlining development of the site.

This Development Cooperation Agreement and License Agreement (the “Agreement”) between the City and LUHSD more specifically describes the development responsibilities. Per the Agreement, the City will design and construct the first phase of improvements within the business park leading to the school site and LUHSD will deposit $80,000 with the City in addition to providing the conceptual layout and environmental work for the school site. The Agreement further states LUHSD shall fully reimburse the City for all costs incurred if LUHSD does not commence construction of a school site within 18 months of completion of the improvements by the City.

Per the previously City Council approved MOU with all property owners, upon future development of their parcels, the City will be reimbursed on a pro rata share for the first phase of improvements benefiting the school, as well as, the other Business Park parcels.

As a companion item to the Agreement with LUHSD, staff has also brought forward for Council’s consideration the following actions:

o Professional Services Agreement with Northstar Engineering Group, Inc. and amended CIP sheet for the project.
o Agreement for Dedication of Real Property with two of the property owners in the Business Park for acquisition of the right-of-way for the first phase of improvements.

FISCAL IMPACT
Funding for the CIP project is from a combination of the General Fund, Planned Employment Center (“PEC”) Funds and future development contributions. Per the previously City Council approved MOU with all property owners, upon future development of their parcels, reimbursement on a pro rata share will be made to the General Fund in the following currently estimated amounts: LUHSD $80,000, Equus $292,745, Stonebarger $248,845, Ghiggeri $159,200. Future PEC contributions from Baca Properties Subdivision No. 8982 in the full amount of $181,300 will reimburse the General Fund once the developer’s PEC payment is received. After all development contributions and PEC payments are collected, expenses to the General Fund will equal approximately $171,910.

Attachments:
Resolution
Agreement

RESOLUTION NO.


ADOPT A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A DEVELOPMENT COOPERATION AGREEMENT AND LICENSE AGREEMENT WITH THE LIBERTY UNION HIGH SCHOOL DISTRICT FOR SHARED DEVELOPMENT RESPONSIBILITIES OF THE FUTURE SCHOOL FACILITY SITE LOCATED IN THE PROPOSED BRENTWOOD BUSINESS PARK ON GUTHRIE LANE.

WHEREAS, it is in the best interests of the residents and public to assist Liberty Union High School District to relocate the La Paloma school to a more desirable site, and allow appropriate development in the Lone Tree Way area; and

WHEREAS, Brentwood Business Park is an appropriate location for the future school site; and

WHEREAS, design of infrastructure will facilitate development of the school site as well as the future Business Park; and

WHEREAS, the Development Cooperation Agreement and License Agreement outlines responsibilities for each party.

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 Development Cooperation Agreement and License Agreement with the Liberty Union High School District for shared development responsibilities of the future school facility site located in the proposed Brentwood Business Park on Guthrie Lane.

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