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CITY COUNCIL AGENDA ITEM NO. 08

Meeting Date: June 26, 2001

Subject/Title: Approve a Resolution for payment of costs associated with the acceptance of work performed by J & M, Inc. for Water and Sewer Line Improvements CIP Project No. 336-3129 and authorize a loan from the City of Brentwood to the Redevelopment Agency.

Submitted by: Administration: J. Elam
Engineering: J. Stevenson/M. Huber

Approved by: Jon Elam, City Manager



RECOMMENDATION
1) Approve a Resolution consenting to the payment of the costs of certain publicly owned facilities by the Redevelopment Agency; 2) authorize a loan in the amount of $68,000 from the City’s Water Facility Fee Fund to the Redevelopment Agency for costs associated with the water and sewer improvements located at 8310 Lone Tree Way, CIP Project No. 336-3129; 3) accept the work performed by J & M, Inc. for the Water and Sewer Improvements, and 4) direct the City Clerk to file a Notice of Completion with the County Recorder.

PREVIOUS ACTION
On December 12, 2000 Council awarded a contract to J & M, Inc. to make water and sewer improvements to Lone Tree Way. This project inadvertently was not brought before the Redevelopment Agency. To correct this oversight, staff is also bringing this project before the Redevelopment Agency.

BACKGROUND
This project is located within the North Brentwood Redevelopment Project Area. The City adopted Ordinance 333 on July 13, 1982, the North Brentwood Redevelopment Project Area. The Redevelopment Agency Board was in charge of carrying out the program and over the years, has done a number of infrastructure improvements.

The resolution authorizes a $68,000 loan from the City’s Water Facility Fee Fund to the Brentwood Redevelopment Agency. In order to continue to generate Redevelopment funds, the Redevelopment fund must continue to incur debt. This action helps create that debt.

J & M, Inc. completed the improvements and has met all the contractual requirements necessary to receive the contract amount balance left in retention. To accept and to close out this project, this recommendation to Council is the procedural step to accomplish this task.

Attachments:
Resolution
Site Map
Notice of Completion

RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD CONSENTING TO THE PAYMENT OF THE COSTS OF CERTAIN PUBLICLY OWNED FACILITIES BY THE REDEVELOPMENT AGENCY, AUTHORIZING A LOAN IN THE AMOUNT OF $68,000 FROM THE CITY’S WATER FACILITY FEE FUND TO THE REDEVELOPMENT AGENCY FOR CONSTRUCTION COSTS ASSOCIATED WITH THE WATER AND SEWER IMPROVEMENTS LOCATED AT 8310 LONE TREE WAY, CIP PROJECT NO. 336-3129, ACCEPTING THE WORK PERFORMED BY J & M, INC. FOR THE WATER AND SEWER IMPROVEMENTS, AND DIRECTING THE CITY CLERK TO FILE A NOTICE OF COMPLETION WITH THE COUNTY RECORDER



WHEREAS, the project is located within the North Brentwood Redevelopment Project Area. The City of Brentwood (“City Council”) adopted Ordinance 333 on July 13, 1982, as amended, and is being carried out by the Redevelopment Agency of the City of Brentwood “(Agency”); and

WHEREAS, pursuant to Section 33445 of the Health and Safety Code, the Agency is authorized with the consent of the City Council and upon making certain findings, to pay all or part of the value of the land for and the cost of installation and construction of any building, facility, structure or other improvement which is publicly owned, either within or without the Project; and

WHEREAS, the City is constructing City-owned water and sewer line improvements within the project area located at 8310 Lone Tree Way.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood as follows:
1. The City Council hereby finds and determines as follows with respect to the payment of the cost of constructing the sewer and water infrastructure by the Agency;
a. The improvement to the water and sewer lines is consistent with the Agency’s implementation plan adopted pursuant to Health & Safety Code Section 33490.
b. No other reasonable means of financing the improvements are available to the community.
2. The sum of $68,000 is hereby appropriated and loaned to the Brentwood Redevelopment Agency Capital Project fund from the Water Facility Fee Fund.
3. Such appropriation is hereby authorized to be paid to the Agency as a loan to be repaid from any legally available funds of the Agency with interest from the date funds are actually transferred to the Redevelopment Agency by the City, to the date of repayment by the Agency (calculated on a 360 day year basis) at the rate of six percent (6%). The debt created hereby shall be subordinated to any other indebtedness of the Agency, presently existing or hereafter incurred, for the purpose of fulfilling the redevelopment activities of the Agency.
4. The loan to the Brentwood Redevelopment Agency shall be repaid from Agency Tax Increment Revenues, no later than June 30, 2002.
5. The City Council hereby consents to the payment of the cost of constructing the water and sewer improvements to Lone Tree Way. Costs of construction shall not exceed $68,000.
6. The City Council accepts the work performed by J & M, Inc. for the Water and Sewer Improvements and directs the City Clerk to file a Notice of Completion with the County Recorder.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 26th day of June 2001 by the following vote:

AYES: Councilmembers
NOES:
ABSENT:



RECORDING REQUESTED BY
CITY OF BRENTWOOD

WHEN RECORDED RETURN TO:
CITY CLERK
CITY OF BRENTWOOD
150 City Park Way
BRENTWOOD, CA 94513


NOTICE OF COMPLETION


NOTICE IS HEREBY GIVEN THAT:

THE CITY OF BRENTWOOD, a general law city, in the County of Contra Costa, State of California, did, on the 12th day of December, 2000 enter into an agreement with J & M, Inc. for Water and Sewer Line improvements to 8310 Lone Tree Way, CIP Project No. 336-3129.

The work described in contract documents was to furnish all material, labor, and equipment necessary to complete said project.

The surety on said agreement is held by First National Insurance Company of America.

On the 26th day of June, 2001, said contract, as a whole was completed and the work was accepted by the City Council of the City of Brentwood. 

I hereby certify under penalty of perjury that the facts set forth in the foregoing Notice of Completion are true and correct.

Executed at Brentwood, Contra Costa County, State of California, on June 26, 2001.




By: __________________________
Karen Diaz, City Clerk
City of Brentwood, California

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