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. 30

Meeting Date: November 13, 2007

Subject/Title: Adopt a Resolution approving and authorizing the City Manager or designee to execute a Deferred Improvement Agreement between Ernesto Rios, Laura Rios, Enrique Gamez, Irma Gamez, Filomeno Nesta, Carlota Nesta and the City of Brentwood for MS No. 354-04, located at 2301 Empire Avenue, on the west side of Empire Avenue, between Lone Tree Way and Grant Street.

Prepared by: Dee Boskovic, Associate Engineer

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 Deferred Improvement Agreement between Ernesto Rios, Laura Rios, Enrique Gamez, Irma Gamez, Filomeno Nesta, Carlota Nesta (“Owner/Developer”) and the City of Brentwood (“City”) for MS No. 354-04, located at 2301 Empire Avenue, located on the west side of Empire Avenue, between Lone Tree Way and Grant Street, identified as APN 019-040-050; and directing the City Clerk to file the agreement with the Recorder of Contra Costa County.

PREVIOUS ACTION
On November 2, 2004, by Planning Commission Resolution No. 04-70, Planning Commission approved Tentative Parcel Map MS No. 354-04, to subdivide a 3.46 acre parcel into three smaller parcels, located at 2301 Empire Avenue.

On March 23, 2004, by Resolution No. 2004-58, City Council approved the Agreement for purchase of a fee parcel with Filomeno Nesta Sr., Carlota Nesta , Ernesto Rios and Laura Rios for real property identified as APN # 019-040-012, generally located on the west side of Empire Avenue between Lone Tree Way and Grant Street.

On January 16, 2007, by Planning Commission Resolution No. 07-008, Planning Commission approved a two-year time extension for Parcel Map MS No. 354-04, regarding the subdividing of 3.46 acres into three parcels of 1.12 acre, 1.22 acre and 1.12 acre in size.

BACKGROUND
The project known as MS No. 354-04 is located at 2301 Empire Avenue, on the west side of Empire Avenue between Lone Tree Way and Grant Street and is identified as APN 019-040-012. The property consisting of 3.46 acres is being subdivided into three (3) parcels. As per the Conditions of Approval for the project, the Owner/Developer is required to enter into a Deferred Improvement Agreement with the City for the design and construction of the ultimate improvements for Nesta Court and wet and dry utilities, prior to any building permits issued on any of these parcels.

FISCAL IMPACT
There is no fiscal impact to the City. Per the Deferred Improvement Agreement, the cost of the design and construction of the improvements being deferred will be the responsibility of the Owner/Developer.

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 ERNESTO RIOS, LAURA RIOS, ENRIQUE GAMEZ, IRMA GAMEZ, FILOMENO NESTA, CARLOTA NESTA (“OWNER/DEVELOPER”) AND THE CITY OF BRENTWOOD (“CITY”) FOR MS NO. 354-04, LOCATED AT 2301 EMPIRE AVENUE, LOCATED ON THE WEST SIDE OF EMPIRE AVENUE BETWEEN LONE TREE WAY AND GRANT STREET, IDENTIFIED AS APN 019-040-012; AND DIRECTING THE CITY CLERK TO FILE THE AGREEMENT WITH THE RECORDER OF CONTRA COSTA COUNTY.

WHEREAS, on November 2, 2004, by Planning Commission Resolution No. 04-70, the Planning Commission approved Tentative Parcel Map MS No. 354-04, with conditions; and

WHEREAS, on March 23, 2004, by Resolution No. 2004-58, City Council approved the Agreement for purchase of a fee parcel with Filomento Nesta Sr., Carlota Nesta , Ernesto Rios and Laura Rios for real property identified as APN # 019-040-012, generally located on the west side of Empire Avenue between Lone Tree Way and Grant Street; and

WHEREAS, on January 16, 2007, by Planning Commission Resolution No. 07-008, the Planning Commission approved a two-year time extension for MS No. 354-04 regarding the subdividing of an existing 3.46 acre parcel into three parcels of 1.12 acre, 1.22 acre and 1.12 acre in size, located at 2301 Empire Avenue, west of Empire Avenue between Lone Tree Way and Grant Street; 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 design and construction of the private roadway and utilities.

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 Ernesto Rios, Laura Rios, Enrique Gamez, Irma Gamez, Filomeno Nesta, Carlota Nesta and the City of Brentwood for MS No. 354-04, located at 2301 Empire Avenue, identified as APN 019-040-012; 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 November 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