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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 8

Meeting Date: February 26, 2008

Subject/Title: Adopt a resolution approving and authorizing the City Manager or designee to execute the First Amendment to Deferred Improvement Agreement with David and Ligia Gibson for storm drainage improvements associated with Minor Subdivision No. 358-01, located on Beverly Place, east of Brentwood Boulevard.

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 the First Amendment to Deferred Improvement Agreement (“Agreement”) with David and Ligia Gibson (“Owner”) for storm drainage improvements associated with Minor Subdivision (“MS”) No. 358-01, located on Beverly Place, east of Brentwood Boulevard.

PREVIOUS ACTIONS
On December 18, 2001, by Resolution 01-90, Planning Commission approved Tentative Parcel Map No. 358-01, with conditions.

On October 27, 2003, the City Manager executed a Deferred Improvement Agreement with David and Ligia Gibson for the deferral of improvements conditioned as a part of MS No. 358-01.

BACKGROUND
The Subdivision Map Act authorizes local agencies to defer improvements associated with parcel maps if those improvements are not immediately necessary for public health and safety reasons. A Deferred Improvement Agreement was previously executed and recorded at the time of approval of Parcel Map No. 358-01 to defer frontage improvements not immediately necessary for the subdivision of the two lots. The discovery of existing underground utilities, in the vicinity of the project site, has hindered construction of additionally conditioned public storm drainage improvements. Construction of private on-site drainage improvements has currently satisfied the Condition. With these private improvements in place, the conditioned public drainage improvements may therefore be deferred until such time as the property owner wishes to connect these on-site improvements to a public storm drainage system.

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
First Amendment to Deferred Improvement Agreement
Deferred Improvement Agreement - recorded 12-22-03

RESOLUTION NO.

ADOPT A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE FIRST AMENDMENT TO DEFERRED IMPROVEMENT AGREEMENT WITH DAVID AND LIGIA GIBSON FOR STORM DRAINAGE IMPROVEMENTS ASSOCIATED WITH MINOR SUBDIVISION NO. 358-01 LOCATED ON BEVERLY PLACE, EAST OF BRENTWOOD BOULEVARD; AND DIRECTING THE CITY CLERK TO FILE THE AMENDMENT WITH THE RECORDER OF CONTRA COSTA COUNTY.

WHEREAS, on December 18, 2001, by Resolution 01-90, Planning Commission approved Tentative Parcel Map No. 358-01, with conditions; and

WHEREAS, the Subdivision Map Act authorizes local agencies to defer improvements associated with parcel maps; and

WHEREAS, on October 27, 2003, the City Manager executed a Deferred Improvement Agreement with David and Ligia Gibson for the deferral of improvements conditioned as a part of MS No. 358-01.

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 the First Amendment to Deferred Improvement Agreement with David E. Gibson and Ligia M. Gibson for storm drainage improvements associated with Minor Subdivision No. 358-01; and directs the City Clerk to file the Amendment 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 26th day of February 2008 by the following vote:
 
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