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CITY COUNCIL AGENDA ITEM NO. 15

Meeting Date: November 28, 2000

Subject/Title: Northwest Quadrant Infrastructure/CIFP 2001-1

Submitted by: Engineering: J. Stevenson

Approved by: Jon Elam, City Manager

RECOMMENDATION
Approval of a Resolution adding the Northwest Quadrant Infrastructure to the 2000/05 Capital Improvement Program, directing the City Engineer to initiate right of way acquisitions in order to widen Lone Tree Way and realign Fairview at Lone Tree Way, directing the City Engineer to initiate discussions with the development community to develop a Capital Improvement Financing Program (CIFP 2001-1) to assist in financing the required engineering and infrastructure to support the anticipated commercial development in this quadrant of the City, directing the City Engineer to hire a consultant to assist the City in developing environmental mitigation measures for this and other City infrastructure and, if possible, develop a mitigation bank to keep environmental mitigation expenditures within the City limits of Brentwood or immediately adjacent, to the maximum extent possible.

PREVIOUS ACTION
On November 10, 1998, the City Council approved the annexation of the northwest are into the City of Brentwood.

BACKGROUND
The City is currently experiencing an increase in development applications in the northwest quadrant of the City. That area would generally be described as between Lone Tree Way and Sand Creek Road and between Heidorn Ranch Road and Fairview Avenue. The area is depicted on the attached exhibit of CIFP 2001-1. The first interest in the area came from commercial developers and has now been followed by residential developers. Staff is hearing that most of these developers intend on starting construction next spring or summer. Therein lies the problem.

This quadrant of town has very little in the way of infrastructure and certainly not enough to support the type of developments being proposed. The City has waited a long time for commercial developments like the ones being proposed, and we need to be ready.

In an attempt to prepare the City for this development, staff gathered the engineers (both City and consultant teams) to brainstorm what infrastructure was needed to support the proposed development. The brainstorming session yielded the following minimum improvements:

1. Lone Tree Way from Heidorn Ranch Road to Fairview Avenue.
2. Realign the Fairview intersection with Lone Tree Way to move it away from the railroad for public safety.
3. Heidorn Ranch Road from Lone Tree Way to Sand Creek Road.
4. Sand Creek Road from Heidorn Ranch Road east to the Bypass.
5. A storm drain running parallel to Lone Tree Way and south of it from the Bypass to Fairview Avenue.
6. A Zone II Water System Pump Station.

The exact cost of these improvements will vary depending on how many participants we have in the CIFP and what level of improvements are decided upon. The concept will be to design the full improvements and then to only build a portion of the roadways depending on funding. In other words, we will design six lanes on Lone Tree Way, but will probably only construct four lanes through most of the area. Construction cost may vary from $20 million to $35 million.

Staff has informed the Council previously of the right-of-way requirements through this area. Widening Lone Tree Way in particular will necessitate the taking of some of the homes fronting on it. Staff does not know at this point the total number of homes affected in this project. The first four that staff is aware of belong to the Lima and Lopez families. This is one family (two brothers and two sisters) that has resided on Lone Tree Way just west of the railroad tracks for over 50 years. These are long-standing residents of the area with impeccable reputations. Tony Lopez, as an example, sat on the school board for over 35 years. The widening of Lone Tree Way will necessitate the taking of the two homes on the south immediately and will ultimately require the removal of the northerly homes. The members of the family are all in their seventies and eighties and wish to stay together. Staff has met with the family on several occasions to keep them informed of the progress of CIFP 2001-1. The family has looked at new homes throughout the City and has asked if we can place them in four new homes in the Garin Ranch subdivision. This is new territory for the City and before answering questions like that, we had to do a little homework; homework like getting appraisals of the homes. We have two of the appraisals and are awaiting receipt of the other two.

Following discussions with Jim McKeehan of Signature Properties and a little research at their sales office, it now looks like we will be able to place the Lima and Lopez families in new homes in the Garin Ranch. The existing homes on Lone Tree Way appraise somewhat higher than the new homes in the Garin Ranch, which gives us the ability to facilitate this move. The purchase of the new homes will be accomplished through issuing Facility Fee Credits up to the value of the new homes to Signature Properties. Staff is currently projecting that the new homes will be paid for fully through Fee Credits prior to the families moving in. If this is not the case, the City will cash out the homes from the Facility Fee account. A rough draft of the Signature agreement is attached as Exhibit ‘A’ for your review. This Exhibit is preliminary in nature, and only offered as an example of negotiations to date. The final agreement will be brought to Council for approval at a future date.

One interesting side note here is the tax implications of the families selling their homes to the City and moving into new ones. What happens to their property taxes? Since they are selling under the threat of condemnation, and since the new homes are worth no more than 125% of the value of their old ones (in this case, all new homes are worth less than the old ones), the tax savings of Prop 13 transfers to the new homes.

The City will obviously be involved in relocation costs also, but the intent of explaining some of the details of these purchases is that we will not have to write large checks on the Roadway account, at least for these four homes.

Council might be interested in why staff started looking at the right-of-way on Lone Tree Way rather than Fairview Avenue or Heidorn Ranch Road. Council will remember some of the complaints we received from Canyonwood residents for traffic volumes of 1,500 to 1,600 vehicles per day. Canyonwood is a two-lane road with homes fronting on it. Lone Tree Way is currently a two-lane road with homes fronting on it. The current traffic on Lone Tree Way is in excess of 22,000 vehicles per day. That is the best example of why we need to widen Lone Tree Way, prior to any major new projects moving forward in the northwest quadrant.

As you can see from the accompanying engineering proposals, the engineering cost is over $1 million. Staff has met with the development community to discuss this issue and has suggested that the developers sign an agreement with the City. The City will prepare a cost distribution analysis based on traffic projections. The developers will then pay their fair share of the engineering costs prior to their projects being approved, and in some cases, prior to them even submitting to the City. The City will then give them 100% Roadway Facility Fee Credits for the amount of the checks submitted. That is about as good a deal for everyone involved that we could come up with. The developers gave us their verbal approval at the meeting and staff is currently evaluating the costs distribution. Staff will probably suggest that the City shoulder some of the design costs, at least on paper, so that as new developers sign up they can pay the City’s portion which will be reserved to pay the last payments of the consulting engineers’ fees for these designs.

The construction of public infrastructure in the City is becoming more and more difficult because of environmental issues. The City has many opportunities for environmental projects that would be amenities for the community, but our project managers are too busy with our public infrastructure projects to invest the time necessary to accomplish the environmental mitigation. Staff is therefore recommending that the Council direct the City Engineer to hire a consultant to assist him in identifying and accomplishing the environmental mitigation projects and, if possible, to develop a mitigation bank to help keep environmental projects, monies and development either within Brentwood or immediately adjacent to our City Limits.

This will be a very complicated and involved CIFP; more difficult to put together than any of the previous programs. Council approval of the attached Resolution does not approve the CIFP, or authorize the purchase of right-of-way. Those specific items will come back to the Council for separate approvals. What this Resolution does do, is begin the process, allow staff to hire consultants to start design, allow staff to improve environmental mitigation processing, and begin right-of-way acquisition which will be brought back to Council for approval.

Financial Impact: 100% of the costs will be funded through the Development Fee Program.

Attachments:
Resolution
Exhibit ‘A’
Cost Summary
CIP Sheet
Site Map

ENGINEER’S PRELIMINARY COST ESTIMATE
CITY OF BRENTWOOD STREETS & UTILITIES COST SUMMARY

HEIDORN RANCH ROAD
Lone Tree Way to EBMUD $ 1,258,958.42
EBMUD to Wagner 673,325.73
Wagner to Old Sand Creek Road 1,725,001.52
Old Sand Creek Road to New Sand Creek Road 1,891,993.79

NEW SAND CREEK ROAD
Heidorn Ranch Road to State Route 4 Bypass 1,078,753.89

LONE TREE WAY
Heidorn Ranch Road to State Route 4 Bypass By CC Co.
State Route 4 Bypass to Empire Road 2,216,226.10
Empire Road to Fairview Avenue 4,870,865.00

FAIRVIEW AVENUE
Lone Tree Way to EBMUD 1,865,165.00

ZONE II WATER
Zone II Water 326,782.50

TOTAL COST ESTIMATE $ 15,907,071.95


RESOLUTION NO.



A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADDING THE NORTHWEST QUADRANT INFRASTRUCTURE PROJECT TO THE CITY’S 2000/05 CAPITAL IMPROVEMENT PROGRAM, DIRECTING THE CITY ENGINEER TO INITIATE DISCUSSIONS WITH THE DEVELOPMENT COMMUNITY TO DEVELOP A CAPITAL IMPROVEMENT FINANCING PROGRAM (CIFP 2001-1) TO ASSIST IN FINANCING THE REQUIRED ENGINEERING AND INFRASTRUCTURE TO SUPPORT THE ANTICIPATED COMMERCIAL DEVELOPMENT IN THIS QUADRANT OF THE CITY, DIRECTING THE CITY ENGINEER TO HIRE A CONSULTANT TO ASSIST IN ENVIRONMENTAL MITIGATION PROJECTS INCLUDING ESTABLISHING A BRENTWOOD MITIGATION BANK, AND DIRECTING THE CITY ENGINEER TO INITIATE RIGHT OF WAY ACQUISITIONS TO FACILITATE THE ULTIMATE WIDENING OF LONE TREE WAY AND THE REALIGNMENT OF FAIRVIEW AVENUE.

WHEREAS, on November 10, 1998 the City Council approved the annexation of the northwest area into the City of Brentwood; and

WHEREAS, on May 23, 2000 the City Council adopted the 2000/05 Capital Improvement Program; and

WHEREAS, the Council CIP Sub-Committee has requested that City staff begin planning for the Northwest Quadrant Infrastructure development in order to facilitate commercial development; and

WHEREAS, residents have repeatedly requested improvements to Lone Tree Way to relieve traffic congestion; and

WHEREAS, the latest traffic models being prepared for the General Plan Update call for the widening of Lone Tree Way to 6 lanes, and that will necessitate the taking of several existing houses on Lone Tree Way; and

WHEREAS, City staff have discussed this condition with several of the property owners on Lone Tree Way and they are interested in moving from Lone Tree Way to a new location in Brentwood; and

WHEREAS, several commercial developments are in various stages of land acquisition, preliminary planning, site design and/or entitlement and this commercial development will be impossible without the public infrastructure recommended in the CIP and CIFP; and

WHEREAS, the City needs to intensify its efforts in environmental mitigation and development of a local mitigation bank to reap the benefits of the monies we are expending in environmental mitigation for the public infrastructure being developed; and

WHEREAS, the funding of these projects will come from the Development Fee Program.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood that the Northwest Quadrant Infrastructure Project is added to the City’s 2000/05 Capital Improvement Program.

BE IT FURTHER RESOLVED that the City Engineer is directed to initiate discussions with the development community to develop a Capital Improvement Financing Program (CIFP 2001-1) to assist in financing the required engineering and infrastructure to support the anticipated commercial development in this quadrant of the City.

BE IT FURTHER RESOLVED that the City Engineer is directed to hire a consultant to assist him in environmental mitigation projects including establishing a Brentwood Mitigation Bank.

BE IT FURTHER RESOLVED that the City Engineer is directed to initiate right of way acquisitions to facilitate the ultimate widening of Lone Tree Way and the realignment of Fairview Avenue 

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 28th day of November 2000 by the following vote:

AYES: Councilmembers
NOES: 
ABSENT: 

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